June 8, 1998

As the vigilance chief resigns, the Centre clears the deck for an SC-induced revamp.

By Harish Gupta

In a country where public functionaries rarely resign, S.V. Giri has done the unusual. A fortnight ago, he sent a letter to the Union Government demitting office as central vigilance commissioner (CVC). As he puts it, "My resignation flows from the Supreme Court's order of December 18, 1997. I am only facilitating the Government's reorganisation of the investigative agencies and the Vigilance Commission in keeping with the letter and spirit of the order."

A quiet action and a bland statement, it would appear. Actually, Giri's resignation could set in motion a process which will change forever the manner in which crime, corruption and scandal are investigated in India. The future of Trinath Mishra, chief of the CBI, and M.K. Bezbaruah, chief of the Enforcement Directorate (ED), also faces a question mark.

What precisely did the Supreme Court order say and why did Giri respond to it six months later? The judgement aimed at streamlining and depoliticising India's premier investigating agencies. It sought statutory status for the Vigilance Commission and laid down a format for the CVC's appointment. It will henceforth be made by the President following a recommendation by a committee comprising the prime minister, home minister and leader of the Opposition in the Lok Sabha.

More important, the apex court placed the CBI under the CVC: "While the Government shall remain answerable for the CBI's functioning, to introduce visible objectivity in the mechanism to be established for overviewing the CBI's working, the CVC shall be entrusted with the responsibility of superintendence over the CBI's functioning." In one stroke, the CVC's office was transformed from a sleepy sinecure to a dynamic, empowered crusader against sleaze and swindle.

The court also directed that "recommendations for appointment of the director, CBI, shall be made by a committee headed by the CVC, with the home secretary and secretary (personnel) as members". It sought to insulate the CBI director from political pressure by setting for him a minimum tenure of two years, regardless of the date of retirement. "The transfer of an incumbent director," the court noted, "in an extraordinary situation, including the need for him to take up a more important assignment, should have the approval of the selection committee."

The judicial plans for the ED were similar. Its director too will now have to be chosen by a committee headed by the CVC. Further, the post of ED chief was upgraded to the rank of "special secretary/additional secretary to the government". This is likely to lead to Bezbaruah's removal as he is only of joint secretary rank.

The real impact is, of course, going to be on the CBI. The judgement came only months after the I.K. Gujral government had removed Joginder Singh as CBI director. At the time, it was felt that Singh had been punished for zealously pursuing the Bofors bribery case, to the mortification of the Congress. Since Gujral's government was dependent on the Congress for survival, Singh fell victim to political blackmail. By the time the judgement was pronounced, the Lok Sabha had been dissolved and fresh elections announced. Heading a caretaker regime, Gujral decided to leave the implementation of the court order to the incoming government.

Given the court's order conferred such authority on the CVC, it may appear a little surprising that Giri has chosen to quit. Actually, Giri was handicapped by the circumstances of his appointment. An IAS officer from the Andhra Pradesh cadre, Giri was Union education secretary when, P.V. Narasimha Rao decided to make him CVC in 1995. Shankar Dayal Sharma, the then President, disagreed with Rao, asked him why only IAS officers were appointed CVC and recommended a retired judge for the job.

When Rao remained adamant, Sharma sent back the relevant file unsigned. He argued that since the Vigilance Commission was not a constitutional body, such as the Election Commission or the Union Public Service Commission had been created by an executive order in 1964, the President was not obliged to sign the CVC's appointment letter.

Rao picked up the gauntlet and signed Giri's letter himself. Thus Giri became the first CVC in Indian history to hold office at the pleasure of the prime minister rather than the President. In a sense, the CVC now became a political appointee. He was now no longer at par with presidential nominees such as the chief election commissioner or the comptroller and auditor-general.

To be fair to Giri, he has been a silent worker as CVC, avoiding publicity but stressing that he is "not a toothless tiger". Even so, the political colour to his appointment had willy-nilly tainted him. Once the BJP-led Government settled into office, the signals were clear. Giri began looking towards the exit.

A bill granting statutory powers to the Vigilance Commission and suitably amending the Special Police Establishment Act (1946) -- the mother legislation for the CBI -- has already been drafted. It is supposed to be introduced in the current session of Parliament. If time does not permit that, an ordinance is likely after the budget session ends.

Till then, Giri continues as CVC, but on borrowed time. Till then, Mishra also continues as the CBI's "director-in- charge", but not its full-fledged director. Till then, India will await its new CVC, but investigative agencies will never be the same again.

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