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I, therefore, request you to take the matter seriously and advise your colleagues at least to get relieved of their responsibility till the disposal of the case. It would enhance the dignity of our democracy and the functioning of the Government and it would strengthen the hands of the CBI to proceed with confidence, free from any pressure or influence.
In some matters the hon. Deputy Prime Minister may have to interact with the CBI in the interest of the country’s internal security matters. How will the CBI face the Home Minister against whom they have filed a charge-sheet? I leave it to discretion and for your early response. Since I respect you and value your judgement on such vital matters, I take this opportunity to write to you without any personal disrespect to you and your colleague, Shri L.K. Advani. Please treat this latter purely on the ground of propriety, political morality, impartiality and administrative justice."

Now, I come to the main issue. I again repeat with all humility at my command that we are not discussing any personal matters. We are only discussing how the executive agency of the Union Government should function in a particular manner in a particular case. The Government may come and the Government may go. But the institution remains. My question is very simple.

On behalf of the CBI, representing the Union Government, being the counsel of the CBI, if I deposed yesterday before the High Court of Delhi that according to my investigation report, according to my opinion and investigation, I say that ‘X’ should be charged under this section, the court may reject it. Can the CBI, with another counsel, the very next month, on the same offence, submit a different kind of plea quashing, ignoring, rejecting and nullifying all that I had stated yesterday? In that case, should not the people draw a conclusion that there is an influence? Now, in this particular case under FIR 198, among the accused on the day of 6th December, 1992, "A" may be an ordinary citizen and "B" may be a political functionary with status Mr. L.K. Advani, Leader, BJP. During the course of trial in the Special Court, the status may be that Mr. L.K. Advani, Mr. Murli Manohar Joshi are senior respected leaders of the BJP.

The status of Shri L.K. Advani and Dr. Murli Manohar Joshi during the time of criminal revision was Union Ministers. Their status during the disposal of the case was Union Ministers. Their status during the judgement given by Shri Bhalla on 12th January, 2001 was Union Ministers. Their status while filing the chargesheet in Rae Bareily court was Union Ministers. Their status while filing the chargesheet in Lucknow court was BJP leaders.

Mr. Speaker, Sir, in criminal jurisprudence, FIR is not given that kind of cognizance. That is the basic rule. Criminal prosecution begins with (a) the FIR; (b) the investigation; (c) the chargesheet; (d) the trial, then comes the charge framing and the findings. The Law Minister, I found from the other Report, did try to defend his Government saying that how two FIRs could be filed on the 6th December. Who files the FIR? The FIR is filed by the public if it is State versus so and so case. The FIR is also filed suo motu by the State if the State considers it to be a grievous crime. On the day of demolition of Babri Masjid, by 5 o’clock, a particular police officer called Shri P.K. Shukla found that people were disturbing it and people were doing such things. He does not know the background. He immediately rushed and filed an FIR at 5.15 p.m. when Shri Kalyan Singh was the Chief Minister. A few minutes hence, another Sub Inspector of Police, under Shri Kalyan Singh, the then Chief Minister, before the sun set, rushed and said that not only thousands and thousands of Kar Sevaks but also senior and important leaders were there. He filed the second FIR. The Law Minister found conspiracy in this! Does he not know cases which have more than two FIRs. I can cite cases which have nine FIRs, sixteen FIRs and hundreds of FIRs. It is because the police officers report the developments from time to time as they see it.

I have respect for Shri L.K. Advani. We have been here together working for a very long time. I had the great privilege of working with him in many Committees. I have always admired his vision and his knowledge about things, especially election laws. It could not have been under him because he was being prosecuted by CBI. Why has this question arisen? It is very easy to say – ‘Well, CBI is not being interfered with; they are entirely autonomous, they are entirely free and, therefore, how come you are holding us responsible for some CBI function?’ It is not that simple. Not only us but many people – lawyers, academicians and journalists – have made comments on this.