HVK Archives: The charge-sheeted must quit
The charge-sheeted must quit - The Indian Express
Kuldip Nayar
()
20 January 1997
Title : The charge-sheeted must quit
Author : Kuldip Nayar
Publication : The Indian Express
Date : January 20, 1997
Will the country wake up from its Bihari nightmare? It is difficult
to say. It all depends on Prime Minister H.D. Deve Gowda, if not
the President of India. Bihar Chief Minister Laloo Prasad Yadav has
declared a war against the rule of law. His cohorts practically
took over Patna the other day to display their muscle against those
who dared to suspect his involvement in the Rs 1,000 crore cattle
fodder seam.
Indeed, every turn the CBI investigation has taken has been scarier
than the one before. When the scandal came to light more than a
year ago, Laloo Yadav's name was mentioned in hushed tones.
Bureaucrats got most of the blame although the public wondered why
a particular officer got three extensions from the Chief Minister.
Had there been no CBI inquiry, the fodder seam would have been
talked out like many other scandals in Bihar. Even the CBI appeared
pressured because the Patna High Court had taken upon itself the
responsibility of supervising the inquiry. There came a stage when
CBI Joint Director U.N. Biswas was transferred, apparently at the
behest of Laloo Yadav, who is also the president of the Janata Dal
that leads the United Front Government at the Centre, which
controls the CBI. Loud protests by the public and the media
sustained Biswas in his job and inquiry. But the campaign of
vilification against him did not stop.
That he is indiscreet goes without saying. His observation that
Laloo Yadav will be charge-sheeted is injudicious by any standards.
It does, however. indicate the strain under which he is
functioning. Still his imprudence does not lessen the gravity of
the seam or the guilt of those involved.
The developments of the last few days are ominous. There is a
discussion of Laloo Yadav's case at the Central Cabinet's political
affairs committee. But its importance was diluted purposely by
spreading of the story that the matter was taken up only for a few
minutes. The Chief Minister says he will not step down even if
charge-sheeted. The Prime Minister, who is seized of the matter,
stays quiet.
After giving the CBI his version, the CM makes the agency,
particularly Biswas, a target of his attack. He calls Biswas an
RSS man to politicise the issue and alleges that the proposed
charge-sheet against him is motivated. He raises all types of
extraneous questions, including the caste of officials, to cloud
the real problem: his culpability in the fodder seam.
None in the United Front, not even the holy CPI(M), comes to the
defence of the CBI. Nor does anyone criticise Laloo Yadav for his
ravings. His statement that he will not step down from the Janata
Dal presidentship even when arraigned goes unchallenged. What does
it mean? If political considerations are to guide the policies of
the Deve Gowda Government, then what was wrong with the Narasimha
Rao Government?
Laloo Yadav cites the example of BJP president L. K. Advani, who
did not resign even when charge-sheeted in the hawala case. But
two wrongs do not make one right. Let Laloo Yadav resign from the
chief ministership at least. Moreover, most Janata Dal leaders
have drawn inspiration from Jayaprakash Narayan who fought a
relentless battle against corruption.
Rattled as Laloo Yadav is, some of his remarks smack of arrogance.
For example, he says: "Have the CBI officials elected me the Chief
Minister?" And then he goes on to add: "I have been democratically
elected by the people. So why should I resign?" In other words, an
elected minister has a licence to misuse power, make money or
swindle public funds. It will be a sad day for democracy when the
judgement on the dishonest is delivered on the basis of rabble
rousing, not the law.
Mahatma Gandhi had prescribed high norms. He stalled the nomination
of Sardul Singh Kaveeshwar, a Forward Bloc leader, to the Congress
Working Committee on the ground that he had not returned Rs 500
which he had borrowed from a complainant. In explanation,
Kaveeshwar said that the loan was time-barred. Gandhiji said that
the question was moral, not legal.
The best course for Laloo Yadav was to submit his resignation, both
from chief ministership and Janata Dal presidentship, when the
needle of suspicion was directed towards him. He should have
remembered the standards JP had laid down because Laloo Yadav was
part of his movement against corruption in public life.
How can a chief minister stay in office after being charge-sheeted?
It will be a mockery of administration as well as justice. My fear
is that the Deve Gowda Government may drag its feet on his case
even after the CBI has established a prima facie case against him.
Laloo Yadav has the support of half of the 45 MPs that the Janata
Dal has in the Lok Sabha. Political convenience may cloud the
judgement of the United Front Government. But this may sound the
death-knell of the Janata Dal, if not the Government.
The fate of the Janata Dal is not so important as that of the
nation. The country will further sink in the ignominy that the
Narasimha Rao Government has brought to it through graft and
corruption. The President will have to step in if and when the
Chief Minister insists on continuing even after the CBI's
indictment. After all, the President is the custodian of the
Constitution. And he cannot see it being flouted both in letter and
spirit.
One need not drag in the State Governor. But his reports to the
Centre do not make a happy reading. His is the second term and he
finds even the indifferent standards of years gone by being
destroyed with impunity. Bihar is probably the worst administered
state, which the successive chief ministers have considered it
their fief. Political masters in Delhi have overlooked or connived
at instances of literal loot in the state. In fact, the entire
governance is a scam.
But certain moves which are afoot to bridle the CBI give the
impression that political bosses have not liked the way the agency
has brought out skeletons of the cupboard. The Congress is
particularly unhappy over the cases which find 19 ministers of the
Narasimha Government involved in corruption. In the face of the
Supreme Court's order not to restrain the CBI, the Government is
helpless in the ongoing inquiries. But it may take steps to see
that in future former ministers and ex-top bureaucrats are not
touched until it has made up its mind on what to do with them.
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