Who wants a CBI probe anyway?
Bengaluru: The Opposition leaders in Karnataka have brought the Legislature to a halt demanding a CBI probe in the estimated Rs 20,000 crore illegal mining scam but are they
serious about a CBI probe that may open a can of worms exposing the involvement of politicians from across the parties including a former chief minister in the multi crore iron ore scam?
And if the Opposition was so keen on having a CBI probe instead of wasting precious hours of the House they could have filed an application before the state high court seeking a CBI enquiry while drawing the court’s attention on the issue, which apart from draining the State exchequer crores of rupees has plundered its precious mineral wealth.
For a CBI probe the consent of the state government is no longer mandatory. In February a five-member Constitutional bench headed by former Chief Justice K.G. Balakrishnan upheld the constitutional validity of the court’s power to instruct a CBI inquiry into a case without the consent of state governments. The apex court however, while replying to petitions by the West Bengal government and others that the CBI can conduct a probe in any state only with prior consent of the concerned government under the provisions of the Delhi Special Police Establishment Act, made it clear that this should be used in exceptional and extraordinary circumstances in cases having national and international ramifications.
Besides the Supreme Court the high courts also had to exercise such powers cautiously, observed the bench, which comprised Justices R.V. Raveendran, D.K. Jain, P. Sathasivam and J.M. Panchal.
While the CBI has the power the investigate cases of national and cross-country ramifications it may also find it difficult to conduct a fair investigation in the backdrop of the political blame game that is going on in Karnataka.
“The objective is not to hold an enquiry against the illegal mining but to derail one. Even the CBI may find it difficult to probe it given the fact that there may be serious economic offences besides the forest and environment violations behind the whole scandal,” said a top official source.
The Lokayukta can also conduct the enquiry in the illegal mining scam provided there’s a political will to get at the bottom of the scam; expose it and prosecute the offenders.
“The Lokayukta can be vested with powers to seek help from a federal agency such as the CBI to get information. There are options available but who will bell the cat?” asked the officer.
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