O P I N I O N S

guest column
Involve Opposition, CJI in CBI chief’s selection
RK Raghavan
A new CBI chief is taking over on Monday, with Ranjit Sinha of the Bihar IPS cadre succeeding A.P. Singh from the same state. The latter had a successful tenure but a tumultuous time stewarding the organisation through so many controversial cases, including the 2G scam. Besides his aplomb, traceable to a St Stephen’s background, what struck me most was his refreshing candour, putting many of his predecessors (possibly with the exception of the colourful Joginder Singh), including yours truly, to shame.

Touchstones
When in Rio, do as the Brazilians do
Ira Pande
We arrived in Rio de Janeiro, dreading the heat that would greet us. This is the Southern hemisphere and November is the start of their summer. But imagine our surprise when a cool breeze caressed us in greeting. Actually, Rio is so much like Mumbai and Goa, it is easy to slip into its atmosphere without suffering a culture shock.

Gujral, Kalam and the Bharat Ratna
Seen as soft in foreign policy, Gujral as PM believed if he honoured Kalam he would be sending a powerful message across the world about the importance he gave to India’s security
Raj Chengappa
Former Prime Minister Inder Kumar Gujral, who died on Friday at the age of 92, was widely regarded as a peacenik. His goateed beard and affable demeanour enhanced that image. With his brother Satish being a famous painter, Gujral was equally at ease in the world of art, culture and literature as he was with diplomacy. With politics, however, he was never as comfortable, but the roll of the dice would see him attain the pinnacle of power.

guest column
Involve Opposition, CJI in CBI chief’s selection
RK Raghavan

The CBI headquarters in New Delhi.

A new CBI chief is taking over on Monday, with Ranjit Sinha of the Bihar IPS cadre succeeding A.P. Singh from the same state. The latter had a successful tenure but a tumultuous time stewarding the organisation through so many controversial cases, including the 2G scam. Besides his aplomb, traceable to a St Stephen’s background, what struck me most was his refreshing candour, putting many of his predecessors (possibly with the exception of the colourful Joginder Singh), including yours truly, to shame. In his farewell chat with the press, he conceded the superiority of a collegium over a purely governmental choice of a CBI Director. This could set the cat among the pigeons, because it partially endorsed what the BJP and other parties have been clamouring for and what the government has been resisting mindlessly.

The common belief — somewhat fallacious — is that a CBI Director can tinker with an investigation and channel it in favour of the ruling party. This is only partially true, because it requires enormous courage for any Director to drastically turn the course of an investigation and ignore the conclusions of at least four levels below him and through whom a final report ultimately finds its way to the chief’s table. The role of a Director is often exaggerated, and the common perception that he can go out of the way to oblige a demanding government is only partially correct. (The CBI’s flip-flop in the Mayawati and Mulayam cases is often cited in this connection.) Nevertheless, the Director is an important functionary — more than the Director, IB — who has to be a balanced individual who is motivated by permanent values rather than temporary expediency.

One proposal that has been floating around for quite some time is that a collegium comprising the Prime Minister, Leader of the Opposition and the Chief Justice of India should select the CBI Director. At present, the CVC and the other two Commissioners with him prepare a panel of three names that is sent to the Appointments Committee of the Cabinet consisting of the Prime Minister and the Home Minister to enable the latter two to pick up one. That the Leader of Opposition and CJI should also be involved in the process is unexceptionable. Only an imperious and politically oriented government can ignore it. Such an arrangement would greatly enhance the acceptability of an incumbent and give him enormous confidence to act in every case according to the dictates of the law and the facts ferreted out by an investigation. Also necessary is to give the Director a longer tenure of at least three years. (The FBI Director in the US, a Senate-approved appointee, enjoys 10 years.) The present term of two years is measly. Along with this, there should be a prohibition of any post-retirement government employment for a Director at least for two years. Otherwise the expectation of a possible reward after one’s tenure could sway a Director’s judgment. I am not for a moment suggesting such a Director would be totally ‘independent’, an expression that has abused ad nauseum. Look at the sad experience of certain private organisations which have had boards adorned by so-called independent directors. The latter’s passivity against signs of a scam is abominable.

The major question is: How can you protect the CBI from the caprice and political directions of the executive? This is what daunts the public, who are absolutely convinced that in the present system, the CBI is a mere pawn in the hands of the government. More than the choice of a suitable officer to head the CBI, what will improve the image of the organisation is to free it from the shackles of procedure imposed on it. There are at least three ways an unprincipled executive can now frustrate the endeavours of the CBI to get at a corrupt civil servant. The first is the so-called ‘single directive’ that requires government leave to proceed with even a preliminary inquiry against a civil servant of and above the level of Joint Secretary. This facilitates the protection of a dishonest civil servant by a minister whom he may have favoured. Second is the requirement (according to the Criminal Procedure Code) of a sanction for prosecution from the government to take a dishonest civil servant to court at the end of an investigation. The third is the need (again under the Code) to obtain government permission to appeal against the acquittal of a civil servant after a trial. If all these three irritants are removed, we can reasonably expect the CBI to make a dent on a corrupt bureaucracy. As things stand, no political party would support such a sweeping change. That few political parties are exercised over the evil of corruption was nowhere more evident than during the Lokpal debate. This gloomy picture should not, however, deter those determined to cleanse public life. This is because there is now a groundswell of popular opinion that favours drastic action to put down corruption. We will have to exploit this.

(The writer is former Director of the CBI)

Touchstones
When in Rio, do as the Brazilians do
Ira Pande

We arrived in Rio de Janeiro, dreading the heat that would greet us. This is the Southern hemisphere and November is the start of their summer. But imagine our surprise when a cool breeze caressed us in greeting. Actually, Rio is so much like Mumbai and Goa, it is easy to slip into its atmosphere without suffering a culture shock. The only drawback is the language barrier, but with a son fluent in Portuguese by now, that was not our major worry.

The first thing that strikes you is how laidback and stress-free its residents are. Unlike in Europe or the US, no one in Rio seems to be rushing anywhere. From early morning till late in the night, the city rejoices in its warmth. You get up to the pleasing sight of bathers dressed in skimpy beachwear heading to the oceanfront every morning, completely unconcerned about their informal clothes. Lying on the warm sand, drinking chilled coconut water and switching to the addictive caipirinhas (lime, mint and white rum or vodka cocktail, served on ice) later seems just the most normal way to be. A lazy lunch, a nap, a walk and then the endless partying is something that is as close to a lotus-eater's life as I can imagine.

Lapa is where all young people head towards after an early dinner. The roads are cleared of traffic and tables and chairs conveniently placed on the pavements. Caipirinhas, beer (the most popular brand is called Brahma, by the way) and fruit juices of all kinds are on sale literally at every corner. Music and dancing surround you and sounds of merriment come from every bar and club. Yet, despite the Bacchanalian atmosphere, never have I seen offensive drunken behaviour or anyone misbehave with unescorted girls. What is even more delightful is how colour-blind the people are. Black, brown, yellow or white — the colour of your skin matters to no one here. Yes, indeed, there is much to be learnt by the world from Brazil.

Apart from the famous oceanfront areas of Copacabana and Ipanema, are the old enclaves of Santa Teresa and Botafogo. Charming architecture, with churches at every few blocks, compel you to stop and stare. Santa Teresa is the bohemian quarter with interesting craft shops and atmospheric cafes. There are slums, called favelas, and a fair amount of crime but if you are careful to avoid the rough areas and come away before dark, there is no threat.

Like most developing countries, Brazil is coming to terms with modernity in its own way. Conspicuous consumption, especially retail trade, is yet to take off but what warms one’s heart is the excellent civic infrastructure — wide roads and leafy avenues with parks and plazas. Brazil has some of the most innovative welfare schemes and there is much that India — which has taken the reverse route to development — could learn from the way in which this country has prioritised health, education and nutrition. The next Olympic Games will be held here and the next year Rio will host the World Football Cup, so there is frantic civic work afoot. Their football fever matches our cricket frenzy.

Now for some of the cultural events currently on in the city. There is an excellent exhibition, ‘Impressionism: Paris and Modernity’, being held at the Centro Cultural Banco de Brasil (CCBB) at present. It brings to Brazil for the first time more than 80 masterpieces from Paris’s Musee D’Orsay, repository of one of the world’s greatest collections of modern art.

The exhibition's central hub is the city of Paris, long celebrated as the epicentre of modernity and a trendsetter. Paris played a key role in the development of impressionism, the art form that played with light and movement in a way that left realism far behind. On display are works by almost all great impressionistic artists: Van Gogh, Cezanne, Gauguin, Monet, Manet, Degas and Renoir, to name just a few. It was heartening to see schoolchildren listening intently to the lectures given on particular paintings. How one yearns for our own museums to become child-friendly as well.

An elegant classic building, the CCBB — topped with a dome and with polished marble floors, old-fashioned lifts and stucco ceilings — transports you to a lost world of elegance and is almost as impressive as the display inside. Surrounded by cafes and plazas, it is an ideal way to spend a day wandering through leafy lanes.

The next time, I shall tell you about an astounding place and another exhibition, which I consider the best I have seen so far, but let me end this week’s chat with a samba session I attended one night. Remember that February is carnival time here in Rio, a huge tourist event when the whole city spills out on to the streets, drinking and dancing. Practice sessions have already started and we attended one. Held in a huge hall, with no fuss and frills, it had simply stacked plastic chairs and tables for those who wished to sit but as far as I could see, no one was interested in being just a wallflower. Loud, throbbing music, swinging hips and a gaiety to beat anything I've seen. Size and age made no difference; and you could dance away till the morning. Total strangers came up and took you on a twirl and let me confess that that one evening took away at least 10 years from my age. There is no race as fantastic at dancing and the drums as the Latinos and just being in their presence can drive away your blues. I finally understood why they are so laid back here — they need all the energy they have for having fun. How's that for a cultural tip?