P Chidambaram said that investigating agencies should tread carefully before they conclude that a business or commercial decision amounts to a crime.
While Prime Minister Manmohan Singh urged the CBI to tread cautiously while probing administrative and policy decisions, Finance Minister P Chidambaram criticised it for "overstepping" its limits.
Addressing the CBI's conference, the Finance Minister said, "Unfortunately, there are a number of cases where investigating agencies and other authorities like the Comptroller and Auditor General (CAG) have overstepped their limits, and attempted to convert bona fide executive decisions into either crimes or abuse of authority."
Cautioning the agency to respect the line that divides policy-making and policing, he said, "It is not the business of the investigating agency to lay down a rule of conduct, nor is it the business of the investigating agency to presume a rule of conduct."
"Even where a rule has been prescribed, if there is a policy behind that rule, it is not the business of the investigating agency to question the wisdom of the policy or to suggest a different policy that would be better in the view of the investigating agency," he added.
He said that investigating agencies should tread carefully before they conclude that a business or commercial decision amounts to a crime.
"This is where the state of mind comes in. In my view, it would be wholly opposed to common sense and fair play if the investigating agency ignored the state of mind and, absent any motive or criminal intent, jumped to the conclusion that a business or a commercial decision amounted to a crime," he said.
Referring to the "caged parrot" term given to the CBI, Chidambaram said there are several myths about the agency, ranging from "caged bird" to "Congress Bureau of Investigation".
"None of the descriptions is correct or even well-meaning. Some myths are carefully fostered and propagated in order to serve immediate or narrow self-interest," he said.
Meanwhile, senior BJP leader, Venkaiah Naidu said that the caution being given to the CBI, not to "overstep their limits" is a direct warning to the investigating agency that they should not be over enthusiastic while probing government decisions.
"Desperate times calls for desperate measures. Instead of trying to correct their mistakes, punish the culprits, and allowing the agencies to do their work, the PM and his team are trying to weaken the probing agencies, and demoralising them," he said.
Venkaiah Naidu said that the NDA, after coming to power, would give the needed autonomy to the CBI, and all the scams and scandals that took place in the UPA-I and II regimes would be investigated and tried in a time-bound manner, by appointing special courts, wherever necessary. (INN)