Defusing a crisis

SC intervenes in an unnecessary stand-off in Kolkata

The Supreme Court of India deserves accolades for having steered clear of the political minefield while adjudicating the dispute between the West Bengal government and the Central Bureau of Investigation (CBI) over the latter’s investigation of the Saradha and Rose Valley scams. In a carefully non-partisan manner, the apex court told the CBI it could not arrest Kolkata Police Commissioner Rajeev Kumar, but also directed him to appear before the CBI at a neutral venue such as Shillong. The CBI also filed a contempt petition against the chief secretary in West Bengal and the director general of police, and the Court asked those officials to furnish their replies later this month. One indication of the Court’s even-handedness is that both sides have claimed victory. West Bengal Chief Minister Mamata Banerjee said this had vindicated the government’s stand against intimidation and that Mr Kumar had always been willing to meet the CBI in a mutually agreed location; the Bharatiya Janata Party (BJP) has focused on the Court’s direction to Mr Kumar to meet the CBI.

The facts of the Saradha or Rose Valley cases are not the main issue here. The question is why issues have come to such a pass that a near-constitutional crisis has been precipitated. Both the BJP and Ms Banerjee’s Trinamool Congress are guilty of having politicians accused of close ties to the disgraced chit fund promoters, so there is nothing much to choose between them on this issue. But the ugliness of the scenes in Kolkata this week is a sign of the dangers of political brinkmanship. The Centre — few would buy the argument that the CBI was acting on its own entirely — should not have sent so many officers on a “secret mission” to Mr Kumar’s residence. The local police should have treated the CBI with greater respect. And on no account should the Central Reserve Police Force have left its barracks without the permission of the state government. Thus, a series of errors and escalations on all sides led to an unfortunate, high-stakes confrontation, which the Supreme Court was forced to defuse. Both Ms Banerjee and the Centre should adopt a more hands-off approach and let the investigators do their job. The CBI should not be used as a political football.

It is clear that the police chief should make himself available for legitimate questioning by the CBI, that the CBI should operate with greater sensitivity to the expectations of local police forces, and that the Union government should stop politicising an incident with unfortunate connotations for the federal character of India. Ms Banerjee must also revise her illiberal, take-no-prisoners political style. The West Bengal government’s refusal to let Uttar Pradesh Chief Minister Yogi Adityanath use his chopper in the state is not just petty. Since it comes in the run-up to an election campaign, it is a blatant and obvious misuse of power. There should be no double standards when it comes to upholding the basic parameters of a federal democracy such as India.