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A CBI Director’s shady past

Author: Priyadarshi Dutta
Publication: Niticentral.com
Date: April 27, 2013
URL: http://www.niticentral.com/2013/04/27/a-cbi-directors-shady-past-71152.html

CBI Director Ranjit Sinha’s affidavit has dealt a blow to the UPA Government. Sinha admitted that he had shared the status report on investigation into Coal block allocation scam with the Law Minister and the Prime Minister’s Office. But this is not really the first time that Sinha has ‘shared’ confidential information in a criminal trial with political executives. In 1996, when Sinha was DIG (CBI), he was accused of protecting Lalu Prasad Yadav and his dirty dozens in fodder scam.

Originally, UN Biswas, the then CBI Joint Director (East), was probing the scam and was asked to report to the Patna High Court. It was in connection with a PIL that Sushil Modi, now Bihar Deputy Chief Minister, and others had filed. But for some strange reason, the CBI report placed before the Patna High Court prior to framing of charges was authored by Ranjit Sinha, the then DIG (CBI). Allegedly, the then CBI Director Joginder Singh had sent a fax to UN Biswas instructing Biswas not to report to the court but to Singh. Biswas was scandalised and told the Patna High Court division bench on October 3, 1996 that report submitted by Ranjit Sinha was doctored. It had diluted the charges and done away with conspiracy angle. Biswas claimed that the original report prepared by him had more damaging material.

Hindustan Times ran a two-day story October 4 and 5, 1996 titled ‘CBI headquarter drastically altered fodder scam report’.

“As soon as the court assembled, the judges went through the report, submitted in a sealed cover, by the CBI. Then they enquired from Biswas whether it was actually his report, as the language of the text seemed different from his earlier report. Moreover, all the pages on the report were not signed by Biswas, although in his earlier report, he used to sign on every page, the judges pointed it out.

“Biswas said that he had sent his report to New Delhi after being instructed to do so by the CBI headquarters. The report which was eventually sent to CBI headquarters to be submitted before the High Court was entirely different, so he refused to append his signature on it. However, he had signed on the cover page of the report as he was duty-bound to do so. The report submitted before the court was prepared by Ranjit Sinha whose role has also come under a shadow of doubt. The Sinha report, in fact, had been reproduced verbatim with one or two words changed, Biswas quipped.”

The judges SN Jha and SJ Mukhopadhyay were agitated over this and took a serious view of this suppression of fact. Biswas informed judges that he had the copy of the original report and handed over to them in the open court. Biswas’s prudence of keeping a copy had saved the day. The court reposed confidence in him, and approved his report as authentic.

The Patna High Court passed strictures against the CBI Director Joginder Singh for trying to scuttle the probe into fodder scam. Singh, however, denied that he had faxed any instruction to Biswas. The CBI even moved Supreme Court terming the action of Patna High Court as ‘judicial activism’ that threatens the hierarchy system of the CBI.

The Patna High Court’s stricture against the then CBI Director came as major embarrassment to the premier anti-Corruption agency. It was an endorsement that the post of Director has been reduced to handmaiden of politicians. Ironically, as disgraced Ranjit Sinha today holds the post of Director worst perception about CBI has been confirmed.

In November 2012, controversy surrounded the appointment of Ranjit Sinha as the CBI Director. The BJP opposed it. Leaders of Opposition in Lok Sabha and Rajya Sabha wrote a letter to the Prime Minister arguing that the Select Committee on Lokpal had recommended a collegium to select a CBI chief. Thus the Government should refrain from appointing one unilaterally. The Prime Minister rejected their contention.

However, some leaders of the BJP like Ram Jethmalani, Yashwant Sinha and Shatrughan Sinha pitched in support for Ranjit Sinha. Jethmalani, it might be remembered, was the counsel of Lalu Prasad Yadav in fodder scam. Perceptions of ‘Kayastha lobyying’ were becoming evident.

Interestingly, Bihar Chief Minister Nitish Kumar and Deputy Chief Minister Sushil Modi, who were highly critical of Ranjit Sinha during fodder scam trial, supported the elevation of Ranjit Sinha to the CBI Director’s post. It was on the specious ground that a person from Bihar was being elevated to the top post. They overlooked that IAS and IPS officers from Bihar already hold many top posts. The CBI Director’s post was nothing unique in that context.

Remember the UPA Government had earlier appointed a tainted PJ Thomas for the post of Chief Vigilance Commissioner. Thomas had to resign when on March 3, 2011 Supreme Court quashed his appointment. Now again, the UPA is repenting over the appointment Ranjit Sinha as CBI Chief. He has dug in the already flagging reputation of the Government. It is another thing that the Prime Minister and the Law Minister are digging in their heels.

PS: Honest UN Biswas, IPS (Retired) is now the Minister for Development of Backward Classes in the West Bengal Government. It would be interesting to know if Mamata Banerjee uses this arsenal against the UPA Government.
 
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