Misuse of CBI by UPA

Misuse of CBI by UPA

The BJP objects to the gross misuse of the CBI in the last six years by the UPA government.
The UPA I and II have used the CBI for (1) Covering up or white washing offences of Congress and other UPA leaders, (2) Pressuring vulnerable opposition leaders, particularly those belonging to BJP, SP and RJD and (3) Harassing opposition leaders who were not vulnerable to government pressure.
Covering up or whitewashing offences of Congress leaders
Two notorious cases can be cited under this example.
  1. The case against Shri Ajit Jogi (buying of MLAs) was systematically finished by misusing the CBI. (Outlook India Website, 27 April, 2010)
  2. The Bofors case and the complete failure to bring the Italian Quattrochi to face the Indian courts was accomplished by misusing the CBI (Source : Outlook India 27, April, 2010)
  3. A Delhi Court (23 Feb, 2010) criticised the CBI for its failure to arrest and produce former Congress MP Shri Sajjan Kumar. A judge remarked, "There is a slight suspicion on the genuineness of the effect of the CBI... Is this the manner CBI functions? Where have all the witness gone?" (Source : www.thehindu.com 24 Feb. 2010)
  4. The Supreme Court had criticised the CBI for "acting at the behest" of the centre in trying to clear Shri Jagdish Tytler from the 1984 Anti-Sikh riots case. Several glaring loopholes marked the CBI investigation, very clearly indicating that the centre was directing the CBI to relieve Shri Tytler. (One India News 2 April, 2009)
Pressuring Vulnerable Opposition leaders

  1. Susri Mayawati had stated "... the CBI has illegally and under political pressure been continuing the Disproportionate Asset case against me". (Source : Raj Thackerey News & Info, 23 April, 2010)

    But while this was so on the eve of the debate on the cut motion during the Budget session April 2010 a statement was made before the Supreme Court seeking to dilute the same DA case thus misusing the CBI. (Source : Outlook India 27, April, 2010)

    Shri Sharad Yadav JD(U) also accused the government of misusing the CBI. (Source : DNA News 28, April, 2010)

    Again in the case of Susri Mayawati's Taj Corridor case the flip flops done by the CBI are well known and widely reported in the media. (www.outlookindia.com 27 April, 2010)
  2. Shri Amar Singh reacting to DA case and the PIL in the Supreme Court said "The CBI has become Congress Bureau of Investigation." He alleged that the CBI was being used as a tool and that a question mark has risen over the impartiality of the investigating agency. (Source : The Indian Express website 11 Feb. 2009)
  3. The case against Shri Lalu Yadav was weakened by changing the public prosecutor at a critical time.

    Shri Yadav was exonerated by collusively managing the Income Tax Department proceedings and misusing the CBI. (Source : Outlook India, 27 April 2010)

    The CBI rubbished its own finding against Shri Lalu Prasad Yadav and his wife Smt. Rabri Devi. The CBI rubbished its original argument, went to oppose the Bihar government in the process. (Source : hindu.com, tehelka.com, timesofindia.com, dnaindia.com etc.)
  4. The Supreme Court came down harshly on the CBI in the Shri Mulayam Singh Yadav's DA case. Earlier, it had criticised "the CBI was acting as the behest" of the centre. (Source : ibnlive.in.com : 11 Feb, 2009)
  5. The UPA suppressed the charges against Shri Mulayam Singh as it required the support of the MPs from the Samajwadi party.
Harassing Opposition leaders not Vulnerable to Government Pressure

Cases of fake encounter killing of dreaded criminals by police are registered all over the country Figures published by NHRC show the following :

Fake Encounters
Year Total Gujarat              Remark
Until 2002 55 None UP               44 case
2002-03 118 2 UP               78
AP                 6
Bihar              8
2003-04 109 4 UP               68
AP                 9
Bihar              5
Uttarakhand    6
2004-05 84 6 UP               54
AP                 5
Bihar              7
2005-06 45 4 UP               29
AP                 3
Bihar              3
80 Out of a total of
301 encounters
1 UP               51
AP               16
Bihar              5

  • The UPA Government has taken extra ordinary interest to entrust the case of the encounter killing in Gujarat to the CBI even after the Gujarat Police filed charge sheets against several senior police officers.
  • Sohrabuddin was earlier accused of spreading terror and was arrested and remanded to police custody in 1995. 24 AK-56 rifles, 27 hand grenades, 5250 cartridges and 81 magazines were recovered from a well in the fields belonging to Sohrabuddin.
  • Sohrabuddin was associated with the Dawood and Latif gangs.
  • Associates of Sohrabuddin in various cases namely Sharif Khan (known as Chotta Dawood) and Rasul Party are declared criminals and Anti-Nationals. Red corner notices are issued for their arrests.
  • There are several cases pending against Sohrabuddin in different states.

State Case Sections
Maharashtra 2 Sect. 307
Sect. 302
Sect. 25 & 27
of Arms Act
Madhya Pradesh 4 Sect. 25, 27
of Arms Act etc.
Rajasthan 1 Sect. 147
302 IPC etc.

The State CID Crime has progressed steadily and charge sheeted 13 accused consisting of top police officers.

The UPA government acting in tandem, being pressured by NGOs and activists took up the case of an anti-national and a criminal like Sohrabuddin.

After filing of the charge-sheets by the state police the CBI entered the picture.

The four reasons identified as failure by Gujarat police in this case are quoted as the reason to hand over the case to the CBI.

After 12 January 2010 order of the Supreme Court and after the CBI take over even the CBI has made no progress till date on those very four points.

Can it be a coincidence that the supervisory officer in this case is Mr. Kandaswamy whose claim to fame is the arrest and ill-treatment of Mr. Karunanidhi at the behest of the then CM of Tamil Nadu. With the DMK coming to power the officer moved into CBI on deputation.

The CBI is being misused to suppress and defame the Chief Minister of Gujarat. The State of Gujarat is being punished for electing BJP successively in every election.

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