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The Rediff Interview/K Madhavan

'The CBI should be kept in check'

Former CBI joint director K Madhavan, who became a national hero with his investigation of the Bofors and securities scam cases, continues his interview with Shobha Warrier.

Are you happy with the way the CBI is functioning these days?

Yes and no. In the sense, in non-political cases which constitute 75% to 80% of the CBI's cases, they are doing well. But in cases with political overtones, here and there the CBI has had aberrations. While saying this, I would like to draw a distinction between a political case and a crime committed by a politician.

A political case is a case in which a crime is committed for the benefit of a party, never for the individual, not even for the leader. Like the Baroda dynamite case. But a politician taking a bribe for himself is not a political case. It is a crime committed by a politician. So the public should know this distinction. For example, for a lay reader or viewer to understand if a minister commits a rape on his office sofa, it doesn't mean it is a political case. It is a crime committed by a politician.

But the general public feel the CBI is being controlled by politicians.

Yes, it is so and in fact I have been canvassing during my CBI days within the department and after I left, outside the department, that the CBI should be removed totally from governmental control. I have even given a set up of who should control the CBI. I have said the CBI should not be allowed to have a free hand because power corrupts and absolute power corrupts absolutely. So the CBI should be kept in check.

The check should be by a permanent commission headed by the home minister with one MP from the ruling party and one MP from the Opposition, a retired judge and a public personality who could be a journalist or anyone. This commission should oversee the functioning of the CBI including all promotions, postings, assignments on deputation etc. The result is the home minister is just one member of the commission and nothing can be done in secrecy. There will be others to watch and object. And the home minister can be over-ruled by the other four. Then objectivity will come.

Now what is happening is that the CBI is over-ruled by a mere politician. That is why all these problems are arising.

What exactly happens? Do politicians control the CBI or does the CBI not act because they feel their hands are tied?

It happens both ways. Politicians have a tendency to control powerful organisations. Some officers also are willy-nilly helping politicians because it helps them also in some way or the other. As Kuldip Nayar said about journalists during the Emergency: 'When they were asked to bend, they crawled." That is what is happening in some cases.

How should the CBI function? As a silent, behind the scenes organisation or a high profile organisation it was during Joginder Singh's time?

I would put it like this: There is a stage in the CBI which should be between total silence and total exposure. It should inform the public about what is happening, without any attempt at sensationalism, because people would like to know what is happening. Whatever the CBI is doing, it is for the country. So, there is nothing wrong if CBI gives some press releases.

Joginder Singh used to meet the press quite often, almost daily.

The director is permitted to meet the press. But the manner in which he expresses his ideas is what matters and the type of meetings he has with the press.

You mean it should not be a silent organisation.

It can't be a silent organisation. The very nature of things is such that it can't be a silent organisation. IB and RAW are silent organisations because their work is like that. The CBI's work, ultimately is exposed in a court. It has to come before the court. So, there is nothing wrong in the CBI director making disclosures to the press so that all sorts of false rumours are set right.

'To say that the DMK is responsible when a criminal investigation has not accused them of any offence is a travesty of justice'

'The Bofors case was transferred from me for political reasons'