Moral responsibility

Are Governors well placed to judge criminal matters? The question comes sharply into focus with the latest developments in the LOC scandal in Assam. It was obviously a tough decision for Governor S.K. Sinha to make on the CBI8217;s case against Prafulla Kumar Mahanta. His reason for rejecting the plea for prosecution of the Assam Chief Minister is the lack of prima facie evidence of criminal culpability. But as the Raj Bhavan Press release makes clear, it was not a cut and dried matter. Sinha is constrained to hold Mahanta, who was chief minister and finance minister at the time, morally and politically responsible for what is described as a quot;massive fraudquot;. In better times this would be damaging enough for a politician8217;s reputation to require a voluntary resignation. Not so today. Sinha has gone to some lengths to be seen to be fair by pointing to the concurring opinion of former justices of the Supreme Court whose reputation for impartiality is well known, and by delivering an answer within the shortestpossible time. But at the end of the day, what the text of the Governor8217;s statement suggests is not an exoneration nor an end to doubts about the Chief Minister8217;s role in the Rs 48 crore racket. It only shows that the circumstantial evidence produced by the CBI against him was inconclusive.

The recurring question of why so many of the CBI8217;s cases tend to be thrown out and other broad issues need examination. No one disputes the fact that people holding high office are in a vulnerable position in that they can be unwittingly implicated in the misdeeds of others. Also, what seem to be logical deductions about ministers8217; actions may not necessarily stand the test of evidence in court. Raj Bhavans have an added responsibility in that they must take into account the political consequences of their judgements. They will therefore be abundantly cautious in weighing circumstantial evidence pointing to ministerial wrong-doing.

Leaving aside those Governors who have deliberately chosen to err on the side of cautionfor partisan reasons, and there have been several of them, this means that even with the best intentions Raj Bhavans will tend to take a conservative view and give the benefit of the doubt every time to political incumbents. This tendency puts investigating agencies at an added disadvantage. Files gone missing, stalling tactics and intimidated witnesses are obstructions enough. After all that, to find the kind of evidence which will pass muster at Raj Bhavans is no mean task. The upshot is that only in the rarest of instances are pleas for prosecution sanctioned. This is not a happy situation at all. The credibility of politicians has suffered enormous damage after the massive political corruption revealed in the last few years. Public confidence in the system needs to be restored and can be only if new measures are taken to bring the powerful to book. Among the essential steps are giving greater autonomy to investigating agencies, reforming the method of appointing Governors and drafting tough clauses inlegislation for Lok Pals and Lok Ayuktas.