Modi to protect ‘Honest’ Babus from CBI

by Harish Gupta, National Editor, Lokmat Group

Exclusive report

Modi to protect ‘Honest’  Babus from CBI
Amend the law struck down by SC three times in the past

Almost one year after taking over, Prime Minister Narendra Modi has decided to protect the Babus from the clutches of the dreaded CBI.

The government will make it mandatory for the CBI to seek its prior permission before launching inquiry against any officer of the rank of Joint Secretary and above. In order to protect the senior Babus who had virtually stopped taking decisions and any initiative for the fear of being hauled up by the CBI, the government will bring a bill in the Budget session of the Parliament itself.

A decision in this regard was taken at the highest level in the government with the Prime Minister directing the Law Minister Sadanand Gowda to bring the bill in the current session itself. Union Finance Minister, Arun Jaitley who headed the informal group of ministers on the issue suggested the British Bribery Act be followed in letter and spirit where a distinction has been made between an “erroneous or malafide” decision. While a decision taken with malafide intention aimed at causing loss to the exchequer or benefiting an individual is prosecutable, an erroneous decision be given exempted.

Interestingly, this will be a bold move on the part of the Modi government considering the fact that the Supreme Court had annulled the same provision three times earlier.

The apex court had overturned a legislative action to fetter the CBI from inquiring against senior babus first time on December 18, 1997 by striking down the 'single directive' provision. However, the Vajpayee government restored the shield for bureaucrats by promulgating an Ordinance on August 25, 1998. But the SC against struck it down the provision from the Ordinance itself. A determined Vajpayee  September 12, 2003 inserted Section 6A in the DSPE Act once again on September 12, 2003. But it was challenged again in 2005 by Subramanian Swamy and NGO 'Centre for Public Interest Litigation' and it was struck down.  The UPA government did not muster the courage to restore the Single Directive which made the Babus insecure. The PC Parakh and H C Gupta cases in the coalgate cases highlighted the problem faced by the honest bureaucrats again in 2012-13.

Modi held a series of parleys with the senior bureaucrats who demanded protection of the government. It was in this background that the government has now decided to suitably amend the section 6E keeping in mind the wishes of the Supreme Court and also to protect the honest babus.