BJP memorandum to the President of India, Smt. Pratibha Patil on misuse of CBI


Her Excellency the President of India
Rashtrapati Bhavan,
New Delhi.

Mahamahim Rashtrapati ji,

    We have been constrained to encroach upon your time to highlight the blatant misuse of the Central Bureau of Investigation by the ruling UPA.  The CBI was created under an Act of Parliament essentially to investigate cases against officers of the Central Government.  ‘Law and order’ being  a State subject, it was felt that the Central Government officers should not come within the jurisdiction of the States.  Similarly, while respecting the federal structure of India it was felt that no offence relating to a State can be investigated by the CBI without the specific consent of the State Government.  
    However, in the last six years the UPA Government has completely destroyed the independence and autonomy of the CBI.  The UPA Government has acted on the basis of three essential premises, namely—
(a)           if the accused is leader of the UPA, the case against him should be subverted and closed. There has been a cover up of several cases in this category. 
(b)           If the case relates to a political party which can come to the aid of UPA to muster a parliamentary majority, a sword must hang on its leaders so that CBI can act as a bargaining counter between that party and the UPA.
(c)           If the case relates to the known opponent of the UPA, then the CBI should act in a vindictive manner.  
    In the first category the Bofors case was systematically  finished by misusing the CBI.  The case against Ajit Jogi for attempting to buy MLAs was systematically finished.  Sanction for prosecution was not granted against Satish Sharma in a case of nepotism regarding allotment of petrol pumps.  The CBI was even used in 2007 during Punjab elections to hold out a fake promise to the head of a religious sect that his prosecution would be withdrawn if he issued a direction to all his supporters/followers to support the Congress Party.  The case of possessing disproportionate assets against Lalu Yadav was weakened by changing the Public Prosecutor.  A special bench of the Income Tax Appellate Tribunal was created to exonerate him of any tax liability and legitimize his wealth so that it can be used as the basis for acquittal  in the criminal trial.  When that did happen, the CBI was advised not to file an appeal before the High Court.  When the State Government filed an appeal, the CBI took a plea that nobody else had the authority to file the appeal.  
    The case against the BSP leader Ms. Mayawati regarding the Taj corridor was diluted when the BSP support was required in 2007.  However, at the time of no confidence vote in 2008 the case of disproportionate assets against her was activated when she was actively opposing the UPA.  Suddenly in April 2010 a statement is made before the Supreme Court seeking to dilute the case of disproportionate assets against Mayawati when her support is required in the Cut Motion in the Lok Sabha.  Affidavits in the case of Mulayam Singh Yadav were changed depending on the circumstances when he supported the Government or when he opposed the government.

     A false case against Shri George Fernandes was registered  in relation to Defence transactions even though the Commission of Inquiry headed by Justice Phukan had categorically opined that there was no  case against him.  The case of Shri L.K.Advani relating to the incident of 6th December, 1992 is being proceeded on a factually false  basis  by changing the interpretation of Advani’s appeal to the Kar Sewaks to come down from the disputed structure.  The whole basis of the CBI case is that this appeal by Advani was intended to protect the Kar Sewaks from injury and does not indicate that he was not a part of the larger conspiracy to demolish the disputed structure. 

     Today the State of Gujarat is witnessing the tyranny of the CBI   with a systematic effort  being made to harass the functionaries of the State Government, particularly police officers, in order to intimidate them and take vindictive action against them.  This is being done in cases which have already been investigated by the Special Investigative Team set up by the Supreme Court.  The attempt of the CBI is to create false cases on the strength of political instructions of the UPA.

     The CBI has lost its investigative integrity.  It has become a political arm of the ruling party. The CBI has been used to strike political bargains with opposition parties during the Trust Vote of 2008 and the Cut Motion of 2010.  Today the CBI is being used to harass senior leaders of the NDA and other Opposition parties.

     We have been constrained to approach you in order to impress upon this Government and ensure that this gross abuse of the CBI ceases to take place.  We urge you to caution this Government that in case this abuse of the CBI continues we in the Bharatiya Janata Party will be left with no option but to fight this abuse on all forums, in Parliament, before the courts and before the people of India.

     Thanking you,
L.K. Advani
BJP Parliamentary Party
Sushma Swaraj
Leader of the Opposition
Lok Sabha
 Arun Jaitley
Leader of the Opposition
Rajya Sabha
L.K. Advani                            Sushma Swaraj
Chairman,                            Leader of Opposition
BJP Parliamentary Party                       Lok Sabha

                                     Arun Jaitley
                                Leader of Opposition
                                   Rajya Sabha

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