It’ll be easy to make CBI an Indian FBI

by Nitish Sengupta

(June 01, New Delhi, Sri Lanka Guardian) While Prime Minister Manmohan Singh’s proposal for an agency like the FBI to tackle jihadi fanatics and terrorists has to be welcomed, we should not forget that we have an agency like the Central Bureau of Investigation which has so far been functioning with impeccable credibility. But unfortunately, it operates under a lot of legal restrictions and political constraints. There is no specific law sanctioning the CBI or authorising it to operate. It functions under an antiquated law, the Delhi Special Police Establishment Act, which was enacted in a different time and under very different circumstances. Then the CBI has to depend on the state governments’ sanction for much of its operations. What we need is a special parliamentary enactment authorising the CBI to operate like the Federal Bureau of Investigation in the United States in an independent manner, and to operate all over the country irrespective of the states’ jurisdiction. In such an event the CBI could easily fill the vacuum.

While on the subject, it is important to recall the lamentable failure of our intelligence agencies — the Intelligence Bureau, the Research and Analysis Wing and the intelligence branches of state police forces — to anticipate terrorist violence, take corrective action and apprehend the culprits. The Jaipur blasts took place on May 13 — over a fortnight ago — and in all this time not one among the key culprits has been apprehended. Only some random arrests have taken place involving Bangladeshi settlers, and most of the arrested people are also being released now for want of evidence. It is the same story in the Hyderabad serial blasts, in the Varanasi blasts, the Delhi serial blasts, Mumbai train blasts and the Samjhauta Express blasts, all of which happened quite some time ago. Till date, none of the actual culprits have been apprehended or brought before the courts, let alone convicted. There is a familiar pattern about our reaction. Some thumbnail sketches of faces of possible culprits are released. Some random arrests are made. Invariably, there are statements that a breakthrough is imminent, but nothing happens after that.

Let us contrast this ineptitude with the ruthless efficiency of the British police while dealing with the London blasts or the Birmingham suicide blasts. Our record is not only inadequate, but also we do not seem to realise that a few hundred jihadi fanatics have virtually declared war against one billion people of India for reasons that only they know. They are able to launch their attacks at any place and at any time of their choosing, killing innocent people and destroying property. Unlike the operations of terrorists in Pakistan, there are not many cases of suicide bombings in India. A group of people seem to gather explosives, RDX or suchlike, take these to predetermined spots in metropolises like New Delhi or Mumbai, detonate these devices at predetermined times, and simply do a vanishing trick thereafter!

Our authorities are simply not able to exercise due surveillance to protect innocent lives, or to take deterrent action against the perpetrators of these heinous crimes. We need to seriously recreate and reorganise our intelligence machinery. It should be completely separated from the police, and allowed to operate on its own on an all-India or even an international basis. We should recruit a significant number of Muslims, to work both as staffers in these intelligence outfits as well as informers, as without their active help we cannot fight the Muslim militant outfits. We should enlist the support of Muslim organisations in our war on terror. At present there is little or no coordination among Central and state intelligence services and the nation is paying a heavy price. The government appears to be operating on the mistaken assumption that adequate police arrangements alone can take care of the scrouge of terrorism. That is wrong. It is time we realised that it is not policing alone but an efficient intelligence organisation which can be the right answer.

There is no point in pointing the finger of blame at Bangladesh. We should welcome the declaration of the present regime in that country that Bangladesh’s soil will not be allowed to be used for anti-India activities. Had we not been negligent, the Northeast terrorists would not have been able to cross the border and move about freely on our soil and repeatedly cross international borders with ease. An explanation is due from the Border Security Force, which is in charge of patrolling the Indo-Bangladesh border. Bangladesh has now passed an anti-terror law which has several unique features. India could well draw lessons from this.

( Dr Nitish Sengupta, an academic and an author, is a former Member of Parliament and a former secretary to the government of India.)
- Sri Lanka Guardian