The arrest of YS Jagan raises more
questions than it answers. It yet again reiterates how the investigating agency
and its personnel can be visibly partisan. The march of event inspires little
confidence. The methodology shows the Central investigating agency in poor
light. So often has it happened that it matters little to them. Strewn totally
of any sensitivity, the agency now is brazen and is a political, blackmailing
wing of the ruling party
This is not a piece in favour of YS Jagan . Much less is it a thumbs up for the
method and mega bucks he has made (said to have made) I am inclined to believe
that he has made a lot of money in a way that does not find the approval of
law. The idea is not to even indirectly to add any credibility to the
happenings at the doorstep of YSR Congress. It is however contextually relevant
to state that the YSR Congress is an offspring of the Congress, and has thus
inherited many of its characteristics . In a way it is inherently genetically
challenged. So no, it is not to even suggestively to state that things are fine
at the Lotus Pond camp.
When to test an institution vis a vis an individual, the institution must stand
up to a more rigorous test. Like Ceasers wife. Bouffant in its appearance, the
agency has always been found wanting. Yes, the task is never easy. Yet the road
travelled has so often been the wrong one, the search lights, suspect and the
approach malafide. Akin to the Vladimirka Raod ( Jeremy Poolman) no one who has
travelled the road tells the story. Post confession, the CBI had Ramalinga Raju
in custody for a long long time, to establish largely what should have done on
its own and without the deprivation of the personal liberty of those arrested.
Aarushi is another recent example of how it functions. In her talk to the
media, yesterday Vijjayamma in the midst of the political drama threw up some
ugly questions on the credibility of the CBI and how the public have lost
confidence. The issue I reiterate is not about the innocence of YS Jagan or how
he denied the national coffers of its legitimate monies. It is about the
premiere investigating agency and its credibility.
A democracy survives on the health of its institutions. A citizenry is expected
to guard its freedom zealously or pay the price with the loss of democracy.
This approach of the CBI is perfectly legitimate in a police raj. The tragedy
is that it believes it is in one and the politically myopic are playing along.
Someone raised the interesting question : the Bofors wealth haunts Akbar Road,
the monies are allegedly traced to the most powerful family in New Delhi, then
should the ‘investigation’ not hover around the royalle Gandhis? What is sauce
for the goose is not sauce for the gander!!
The impunity and immunity of the investigating agency is getting sacrilegious
and all too irreverent to the constitutional guarantees. Independent of Jagan
or Raja , Maya or Jaya we need to protest. To lay too much of power in the
hands of the policing authorities is the sign of a fascist regime. We cannot
infer a fascist institution in a democratic system. The contradiction is all to
visible and screams for correction and change.
One day the citizenry will have to account for this silence. It is not about
supporting a Bandh call, it is not about taking to the streets to support a
political controversy. It is not about being seen on the wrong side of the
fence with fellows you do not want to take a group picture. It is about
stalling a growing fire that can hit your premises any time. Do not live n the
illusion that the wind mills are far away, the winds are not. It they can reach
the bold and powerful, it will crawl into your lives. To police the police is
the collective responsibility of all people who believe in democracy. On the
political streets , we may not be part of the road rage but if we are mute
witnesses, to the growing violence at the spot we would sooner than expected be
caught in the cross fire and with no escape routes.
Neighbouring countries have repeatedly shown us how bad policing and political
intervention in the name of implementing laws can be dangerous to society. We
ill ignore it at our own peril.
What is at stake is not the freedom of YS Jagan. It is certainly not the
victory of his party in the ensuing elections. At stake is institutional safety
and accountability. Tragically institutions work in tandem from different
platforms. They are reflections of the same light that moves through the prism.
The reflective physics may be different, the source is not. It is sad when the
police are partisan and it is tragic when the judiciary joins in and believes
that it has a police function. Often judges are guilty of treading a moral
road. Morality is constitutional immorality. It is alien to codified law. Law is
admitted morality. To colour it and find signs in the shadow and not the light
is disaster. Judges continue to do so. This could result in damaging the rights
of the accused. It finds popular acceptance because it helps to be on the right
moralistic side. Judges like doctors need to go beyond the morality of the
individual. When they have to err, it must be in favour of the citizen. The
system has props, the individual does not. The judiciary is the legal check
post. It is not the toll gate. Just as YS Jagan spends a night in jail (or
however many) it is a clear indication that there is something wrong, something
terribly terribly wrong. We could lull ourselves with the morality of the
issue. But systemically and constitutionally it is the failure of the rule of
law. There lies the tragedy. To quote the Baard “Something is rotten in the
state of Denmark”.