CBI vs CBI: India is facing a major constitutional crisis, but it should give birth to a stronger democracy


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The merger of CBI is more scary than shocking.

Regardless of which side of the political divide or "camp" is being addressed, the implications of this implosion are frightening on many levels. In India, we are proud of our institutions. This is what sets us apart from some of our South Asian neighbors. The Supreme Court had called the IWC a "caged parrot". Later, he set up a selection process for his leader. But, it is well accepted that the party in power manages to install a person of his choice at the helm.

The same is true, at least in part, for other intelligence agencies, such as the Bureau of Intelligence (IB), the Research and Analysis wing (R & AW) or the Directorate of Enforcement (DE).

Even the leaders of the armed forces would have an undeclared criterion of acceptability. But we have always believed, and with good reason, that in India, there is no "deep state" as in Pakistan. The upheavals within the IWC have shaken that trust. The problem does not stop at the doors of the CBI. Charges have also been laid against a very senior R & AW official. His name appears in a crucial FIR against Rakesh Asthana, the fallen No. 2 of the CBI. We also hear about a crisis that is preparing for the emergency. Suddenly, every government investigation agency seems to be besieged.

Rakesh Asthana image file. PTI

Rakesh Asthana image file. PTI

It would be premature to comment on the merits of the CBI drama. As they say, "Picture abhi baaki hai. " It's at best, the second reel of the film. Not even the "half-time".

We do not know how the remaining acts will be played out in the coming days, the coming weeks or even in the coming months. But, history so far has many lessons to consider.

Very few people believe in miracles today. So, people did not vote for Narendra Modi for the attractiveness of Rs 15 lakh coming into their bank accounts. They also did not expect it to eliminate corruption by waving a magic wand. They did not see him as Aladdin, who would bring back every dollar, every euro, every Swiss franc hiding abroad on a carpet. But a country tired of scams was hoping Modi would get along with the scammers of the previous era. He feels disappointed on this point.

None of the major investigations were unsuccessful. The 2G case proved troublesome. CBI's lawyers did a bad job. In an unexpected judgment, the IWC Special Court acquitted all the principal defendants. Aircel-Maxis National Herald and other high profile cases drag on. The accused are walking around, firing salvos at the government with impunity. Charges of land grabbing by the son-in-law of the first congressional family have given rise to no action.

New investigations, such as Sarada money market surveys, have all failed. The big defaulters like Vijay Mallya, Mehul Choksi and Nirav Modi fled the country through the CBI and ED nests.

Opposition and detractors continued to blame the government. But the faithful and faithful were always willing to give Modi the benefit of the doubt. They justified it by saying that Modi was following the book. He was following the process. Otherwise, people will accuse him of vendetta.

Apologists of the Modi administration cited the mistakes of the Janata party in 1977. His ruthless revenge had turned Indira Gandhi into a martyr. They recognized that Modi was much more circumspect. Yet all of that while there were whispers about rot in the system. There were Chinese Whispers about loyal officers acting as saboteurs. There were many conspiracy theories going around. Some have argued that old puppeteers still held strings in bureaucracy and investigative agencies.

But even the biggest skeptic was not willing to accept that the Modi-Amit Shah duo was unaware of what was happening. They have pillars like Ajit Doval in the team, a legend of the world of ghosts and spies. The infiltration in their ranks would not have gone unnoticed for a long time.

The journalists wrote on a "cabal". A "fifth column", so to speak, working to bring down the government. Subramanian Swamy cried a lot on Trojans in government. But everyone has assumed that Modi knows everything. They were sure that, perfectly mastering the timing, he would strike at an hour of his choice.

The outcome of the past few days has come as a 7 on the Richter scale. The question in the minds is not what arrived but How Has he been allowed to reach such a pass? Modi has the reputation of a micro-manager working as a CEO. How could he let the situation slip out of his control, they wonder.

Cockfighting can occur even in caged parrots. is not beyond the imagination. But how can an organization be so deeply divided in the middle without the high command having any idea? It would be rich to claim that the Prime Minister's office knew but did not intervene out of respect for the autonomy of the institution.

The government's firefighting efforts paint a disturbing picture. They recall what we see in countries on the brink of a constitutional crisis. Some might even equate with the defensive reactions of Indira Gandhi before declaring the state of emergency. But, of course, we know that there is a world of differences between India from 1975 to 2018.

First, we now have total freedom of the press. Even in such an extraordinary situation, everyone expresses it. The government is criticized in the most severe terms. Opposition leaders are not afraid to give motives to leaders. Rahul Gandhi suggested that it was an attempt to derail the Rafale sensor.

Second, the doors of the judiciary are wide open to all. Petitions are in court to challenge government decisions.

It is ironic that Swamy, who once gave Asthana a blank gesture, is now his fiercest opponent. While Prashant Bhushan, who had questioned the appointment of Mr. Alok Verma to the leadership of CBI, is his counsel before the Supreme Court. Leaks fly fast and hard. Stories are planted in the press every quarter. Twitter is full of gossip. It's a real media circus without flaws.

However, the question that should be of concern to everyone is whether institutions have been penetrated by outsiders and whether senior officials have been compromised. Do dirty people still have a grip on the bowels of vital institutions to derail a democratically elected government?

This also highlights the task incumbent on Modi, who – entering as a foreigner – had shown the audacity to assume the old order. It's a moment of counting for democracy. Unsubscription can be cathartic but of this one, hopefully, will emerge from a stronger India.

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