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This is an archive article published on February 15, 1998

"The CBI has a long way to go… it has become a tool for politicians"

Wittingly or unwittingly, R.C. Sharma has always been in the eye of a storm. Unlike his predecessor Joginder Singh, Sharma steadfastly refus...

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Wittingly or unwittingly, R.C. Sharma has always been in the eye of a storm. Unlike his predecessor Joginder Singh, Sharma steadfastly refused to "go public" on either the cases he handled or the controversies that have marked his career. In his first post-retirement interview, the former CBI Director speaks to SHIVANI. Excerpts:

  • Assam Chief Minister P.K. Mahanta alleged that the LoC case against him was a conspiracy by you, Kesri and Matang Singh.
  • What does one say to that? People in responsible positions make wild,baseless allegations. My staff prepared the report based on investigationsand came to a conclusion. That file was put before me. A director does notcarry out the investigations. The gentleman said somewhere that I am dancingto the tune of Kesri. I never met Kesri in my life except when he came tosee someone in the hospital and called on me too.

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  • Mahanta says you persuaded Rajen Bora, the main accused in the case, to give a statement against him by offering tomake him approver.
  • I have never met Bora nor have I spoken to him. I have recorded it on thefile somewhere that it will not be ethical to make him an approver as he isthe prime accused. Bora was trying to exert pressure on the CBI…sayingthat he will tell more if he is made the approver. Fifty MPs wrote to thePrime Minister to consider making him an approver. I never made him theapprover. If I was conspiring or was Bora’s friend, I would have made him anapprover.

  • Mahanta has said that he was never interrogated by the CBI.
  • He was examined by my officers in Delhi. One of the IGs was also present andit was in Assam Bhavan. And now he has said they came on a courtesy call. Ihave never heard of a CBI team going to make a courtesy call. How do I saythat he is lying?

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  • What option does the CBI have now after the Governor has refused to grant sanction for prosecution?
  • I can only talk theoretically as it is for the new director to decide. One can ask the Governor to reconsiderit.

  • If he refuses again?
  • The magistrate has an option. He can seek more evidence.

  • There was another charge against you that the CBI delayed the LoC report on the pretext of finding a "new angle".
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    The CBI was doing its work. Since it involved allegations against the Chief Minister, one had to proceed very cautiously. The high court had set deadlines for the CBI to complete the case. We have not fabricated any evidence. In fact, the LoC case is a stronger case than the fodder scam.

  • Your critics say you soft-pedalled the Bofors probe.
  • That is a charge by the media. When I took over the case in 1991, the then Director Vijay Karan told me it was a tricky case. The very next day, it was insinuated in one of the leading papers that the case should not be given to R C Sharma as he is "too busy" handling other cases. Then another write-up said the case was given to me as I was close to the "family" so much so that I would be one of the first invitees when Priyanka Gandhigets married!

  • Well aren’t you close to the "Family"?
  • If you tell me that I am close to the Prime Minister, why should I feel bad about it? So I take it as a compliment if you say that I am close to Sonia Gandhi.

  • But you were instrumental in Quattrocchi leaving India?
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    Your law officers, your ministry, your director and additional directors said at that time that there is nothing to hold him back, that there is no evidence. He’s another accused in the case like many others who come and sit with the Prime Minister.

  • There was no significant breakthrough in the Bofors case during your tenure.
  • I will not talk about individuals. I am not going to brag like many others but let me say one thing today: if your Bofors case is alive today, it is because of me.

  • How?
  • I kept it alive without any publicity. After I took over, we won all the cases right up to the Supreme Court. In fact, the Supreme Court judgment on the quashing of the FIR by the High Court wasfull of praise for the CBI in no uncertain terms. I don’t remember the exact words, but they said that despite the adverse publicity, the maligning, the CBI went ahead with its job unmindful of it. Don’t give credit to me but at least give it to the CBI.

  • What about the controversy around your extension?
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    I did not ask for any extension. I wanted the stigma against me in the December judgment (hawala) to be removed where it was said that I should not be given any extension. This sentence was not fair to me.

  • What was unfair in that sentence?
  • My case wasn’t discussed. Either you discuss me and say he’s unfit and should not be given extension. You have not given me an opportunity of being heard. Every second or third man is getting one. My counsel even made it clear that I was there not to ask for extension by expunging the sentence. I am still exploring options to get the sentence expunged.

  • Any comments on the SC judgment on autonomy to the CBI?
  • I will onlysay one thing. If the idea was to make the agency autonomous, it is not so. It has been brought from one supervision to another. Insulation, on paper, is different but it’s the man who matters. You just have to select correct people.

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  • What about the quality of investigation? Several cases have fallen through because of poor investigation.
  • CBI is the best in the country but it still has a long way to go. Delay in investigation is one important aspect which in itself becomes a punishment. Which is why I had said that we have to prove not only the guilt but also the innocence and that’s why arrests should be an exception and not the rule. Arrest has been made into a form of punishment by the CBI. Indirectly, the agency has become a tool for politicians.

  • In the fodder scam, you never took any action against U N Biswas for recommending Army assistance to arrest Laloo Yadav. I forwarded the report to the Government. I think the government is taking some action. He did overstep hisjurisdiction.
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