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The Rediff Interview/D R Karthikeyan

'Let me tell you that all are not angels in the CBI'

The director general of the National Human Rights Commission and the former joint director of the Central Bureau of Investigation D R Karthikeyan feels that it is necessary to insulate the investigation wing of the police from political pressure to ensure freedom in investigations.

Talking about the recent judgment in the Priyadarshani Mattoo case, Karthikeyan agreed that all the negative remarks made by the additional sessions judge G P Thareja had indeed dented the CBI's credibility. In an exclusive interview with Onkar Singh he, however, refused to believe that the officers of the CBI investigating the Mattoo case had deliberately helped the accused Santosh Kumar Singh which led to his acquittal. Excerpts:

Do you think the credibility of the CBI has received a severe setback because of the strictures passed by judge Thareja?

The CBI Director R K Raghavan has ordered an internal inquiry by two special directors. The matter, I understand, is now in an advanced stage. They would be able to pinpoint where the lapses have taken place and take corrective measures.

If the CBI gets a pat on its back in a particular case, does the agency even then review the investigation process and find out whether it missed something?

The CBI always takes a second look at the case after a judgment and makes notes of the plus and minus points. If the officers need to be pulled up after an adverse judgment then they should also be rewarded when the judges laud the investigation and praise the members of the investigation team. Though senior officers do praise their men for good work from time to time the praise of the seniors in any particular judgment is more precious from our point of view. This goes into the personal record of the concerned officer.

How would you have reacted as the joint director of the CBI if the judgment in Mattoo case had come during your tenure?

Since I am no longer there in the CBI let us not get into this. I guess the present director is seized of the matter and would take corrective steps to ensure that the credibility of the CBI remains in tact. I am sure they would go to the high court and appeal against the judgment of the lower court.

When adverse comments are made against the agency we try to evaluate the remarks. If they are justified then we take action against the concerned officer. And if they are not found to be correct then we go and appeal against the judgment. In the Indian Space Research Organisation spy case the Kerala high court had passed some adverse comments against the CBI but the Supreme Court expunged those remarks and upheld our investigation results.

What do you do if you find that an officer has gone out of his way to help the accused?

He could face dismissal.

Judge Thareja has said in his judgment that the investigating officers went out of their way to help the accused who is the son of a senior police officer?

I am sure that the CBI director must have taken note of the comment. If the second look at the investigation does find the judge correct than the concerned officers could face stiff penal action leading to their dismissal.

People look up to the CBI for a fair investigation but when a judgment like this comes they are shattered?

I agree with you. If the officers of the CBI had been time and again making deliberate lapses then nobody would have reacted the way they did. The newspapers would not have written so many editorials as they have done after the Mattoo case judgment. Let me tell you that all are not angels in the CBI. Those who are working are also human beings and are liable to make mistakes. But efforts are made to ensure nothing goes wrong during the investigations and the supervision of cases is done at various stages. I can assure you that the credibility of the CBI is still higher than any other investigation agency in the country.

Various Members of Parliament have called for the disbanding of the CBI and reorganising it from scratch. Do you agree with them?

Yes, I have read about that in the newspapers but I do not understand from where they are going to find the people for the revamped CBI. After all those who would replace the present lot are also liable to make mistakes. Instead of disbanding the organisation there is a need to strengthen the CBI.

You headed the special task force constituted to investigate the Rajiv Gandhi assassination case. The courts also praised your work. Do you consider this case as the crowning glory of your career?

When I took up that case there was nothing to work on. The case was blind and the culprits had carefully removed all the clues. But we kept on working. I guess most of us worked for almost twenty two hours a day. Then as we proceeded we were threatened. People told me to withdraw. But regardless of the threats we at the Special Investigation Team kept on probing and eventually we were able to arrest those who were involved in the crime. When the courts praised our work, we forgot the tension we had undergone during the course of the investigation. Definitely it is one of the best cases of my life.

Do you think political pressure on the investigating agencies hampers fair investigations?

There should be no doubt on that score. The National Human Rights Commission has moved the apex court to press for an end to political pressure on the investigating agencies. We must separate the law and order from criminal investigations because merging the two leads to chaos and the suspension of the investigation when the officer concerned is involved in VVIP duties. The police chiefs should have a fixed tenure. The age-old laws need to be replaced with new ones to meet the demands of the present situation.

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