NEW DELHI: The government has refused permission to CBI to probe senior officials allegedly involved in rice export scam, exposing yet again its discretionary power to disrupt criminal investigations.
This probably is the single largest number of officers getting away
from criminal investigation in a single sweep. At least half a dozen of
the suspect officials are of joint secretary and above rank, while the
total number under scanner is about 20 in three different public sector
units.
By denying permission to the agency the government has
ensured peaceful burial to the scandal in which high-level political
links was suspected.
Rice was exported to some African
countries in 2008-09 despite ban on non-basmati rice export. The ban
resulted in Indian domestic prices falling while international prices
shooting up. Immediately after the ban, 22 'needy' African countries
were exempted from it, and some of these countries strangely sent
request for rice from specific private suppliers.
Once the
government approval came for exports, instead of government PSUs such as
MMTC, STC, and PEC exporting them, the private companies named by
African countries were allowed to procure and ship rice. There were
multiple violations, as well as huge profits pocketed by the private
exporters.
In a written statement to TOI, the department of commerce
said, "CBI was requested to clarify, if it had any prima facie evidence
to establish the need for a criminal investigation. CBI replied that no preliminary inquiry had been done by it."
The ministry said that based upon "all the departmental evidence that had already been garnered through the departmental inquiries," a decision was taken earlier this year to reject the CBI request. "Since no misconduct of criminal nature has been established in these inquiries, it would not be fit to give permission to CBI for initiating investigation against the concerned officers of STC/
MMTC / PEC," it said. The ministry didn't explain how it concluded,
based on administrative inquiry, that there was no criminal conspiracy.
The department said CVC and other government agencies concerned have been kept "transparently informed in this matter".
The refusal of permission to CBI to probe the conspiracy also stands in contrast to the fact that commerce ministry, after Anand Sharma
took charge, blacklisted three companies involved — Amira Foods India,
Emmsons International and Shivnath Rai Harnarain India. "This was done
because the export of rice to specified African countries had been
allowed on diplomatic and humanitarian grounds but the private firms
involved were attempting to make undue profits through their commercial
transactions in these cases," the ministry said in its written reply.
The commerce ministry also issued an advisory in 2010 to rest of the
government to "abstain from conducting business with these firms." The
Delhi High Court dismissed writ petitions filed by the firms challenging
the decision last month.
The ministry said it issued
"chargesheets to officers allegedly found complacent in these export
transactions," after conducting departmental inquiries by three separate
additional secretary-level officers. "The findings of the inquiry
officers reported no serious wrong-doing on the part of the charged
officers," it said.
The ministry had informed the CVC in May
that "no prima facie criminal culpability or mala-fide could be
established against the charged officers".
The ministry
admitted that a final decision on the departmental action against the
officials was yet to be taken. It would be done after "procedurally
required inter-ministerial consultations which stand initiated as per
due process".