केंद्रीय जांच ब्यूरो को कड़ी फटकार लगाते हुए न्यायमूर्ति उज्जल भुइयां ने शुक्रवार को संघीय एजेंसी के लिए विवादास्पद रूपक "पिंजरे में बंद तोता" को पुनर्जीवित किया, जिसमें सीबीआई की ईमानदारी और संचालन उद्देश्यों के बारे में चिंताओं को उजागर किया गया।
Justice Bhuyan calls CBI "caged parrot"
Slamming the Central Bureau of Investigation (CBI), Justice Ujjal Bhuyan on Friday revived the controversial metaphor "caged parrot" for the federal agency, highlighting concerns about the CBI's integrity and operational objectives.The term, first coined by the Supreme Court in 2013 in the context of the coal block allocation scam during the United Progressive Alliance regime, was used to describe the CBI's alleged lack of independence and its manipulation under political influence. Justice Bhuyan's remarks on Friday came in the context of the CBI's decision to arrest Delhi Chief Minister Arvind Kejriwal in the excise policy case, saying the agency's action was not about the pursuit of justice but to circumvent the bail granted to Kejriwal in a related case filed by the Enforcement Directorate.
In a functional democracy governed by the rule of law, perception matters. Like Caesar's wife, an investigating agency must be honest. Not long ago, this court compared the CBI to a caged parrot. It is imperative that the CBI dispels the notion that it is a caged parrot. Rather, the notion should be that it is a parrot out of the cage,” Justice Bhuyan said in a judgment penned separately by him. He shared the bench with Justice Surya Kant.The judge’s criticism of the actions of the CBI has not only reignited an important discussion on the independence and integrity of the agency, but also underscored the ongoing debate about the importance of maintaining the autonomy of central agencies and public confidence in their operations.The judgment comes at a time when opposition parties have been regularly complaining that investigative processes involving the CBI and the ED are prone to political and procedural biases.
The judge’s criticism of the actions of the CBI has not only reignited an important discussion on the independence and integrity of the agency, but also underscored the ongoing debate about the importance of maintaining the autonomy of central agencies and public confidence in their operations. The decision comes at a time when opposition parties have been regularly complaining that the investigative processes involving the CBI and ED are prone to political and procedural biases.Accusing the Centre of misusing government agencies, Rashtriya Janata Dal MP Manoj Jha said, "In the last 10 years, a culture has developed of targeting political opponents using fake, imaginary cases using ED, CBI, Income Tax. You have made these agencies a tool to correct your political equations." Left party CPI also criticised the alleged use of central agencies to target opposition leaders.
The party said, "We welcome the Supreme Court's order granting bail to Delhi Chief Minister Arvind Kejriwal. Once again, the politically motivated attacks on opposition leaders by the Modi government using central agencies have been exposed." On the "caged parrot" remark, the BJP said the agency was like that only during the UPA regime. "Now the CBI is a hawk which is biting the corrupt and that is why it is troubling everyone," said BJP leader Gaurav Bhatia. In his judgment, Justice Bhuyan expressed concern over the timing and apparent motives behind the arrest of Kejriwal by the CBI. He pointed out that Kejriwal was arrested by the CBI on June 26, 2024, only after a special judge had granted him regular bail in a separate ED case. Justice Bhuyan highlighted that the CBI did not deem it necessary to arrest Kejriwal for more than 22 months after the case was registered on August 17, 2022. This delay and the subsequent sudden arrest after the ED bail decision have raised serious questions about the intent of the CBI.