The Congress on Saturday appealed to the Supreme Court to exercise its constitutional authority and enforce the rule of law instead of pontificating on the falling credibility of vital institutions.
Asked about the views of the Chief Justice of India on the functioning of the CBI, Enforcement Directorate and the income-tax department, Congress communications chief Randeep Surjewala said: “As a citizen, I will tell the Chief Justice of India and other judges of the Supreme Court that nothing will happen by merely expressing concern. Till the Supreme Court, which has the power, takes note of actual violations and restrains the agencies from acting like the stooge of the government, what is said will be just empty rhetoric.”
Surjewala added: “The judges should look within and introspect about their constitutional responsibilities.”
Chief Justice Ramana, while delivering a lecture organised by the CBI on Friday, had told the police and investigative agencies: “Ultimately, you must remember that your allegiance must be to the Constitution and the rule of law and not to any person…. The political executive will change with time. But you, as an institution, are permanent. Be impermeable and be independent. Pledge solidarity to your service. Your fraternity is your strength.”
Surjewala said: “The Chief Justice of India has expressed his serious concern. It is true that the CBI, ED and the income-tax (department) have abandoned their autonomy and objectivity and become the government’s stooge. We share his concern. It is true that the CBI is a ‘Captive Bureau of BJP Investigation’. It is meant to be unleashed on political rivals and critics.
“What is ED? Election Department of BJP. What is Income Tax? A tool to harass opponents, a toy in the BJP’s hands. They reach the state as advance party in any election-bound state. They act like frontal organisations of the BJP.”
Concerns about the central agencies are, however, not new. It was during Congress rule that the Supreme Court had described the CBI as a “caged parrot”. The court had suggested several measures to ensure autonomy of institutions but the situation has gone from bad to worse. Almost every political party in the Opposition has accused the Modi government of harassment through the misuse of central agencies.
The Chief Justice said on Friday that the police and the probe agencies “need to function within democratic framework as prescribed under the Constitution. Any deviation will hurt the institutions and will weaken our democracy. The police and the investigative agencies may have de-facto legitimacy, but yet, as institutions, they still have to gain social legitimacy.”
