Gratis Mind

A Surya Prakash

It is indeed strange that in this age of transparency and accountability, an anachronistic law like the Official Secrets Act is used by Government to harass a distinguished soldier and fellow citizen who has done his country proud by exposing the corruption and inefficiency in India’s external intelligence agency - the Research and Analysis Wing.Obviously, there are officials in RAW who are unhappy with the publication of India’s External Intelligence: Secrets of Research and Analysis Wing, authored by Maj Gen VK Singh, who worked in this organisation for a couple of years. They have reasons to be because Mr Singh’s account of what transpires within RAW is not at all complimentary to them. Apart from highlighting “glaring anomalies” in procurement of equipment, Mr Singh talks about ego clashes among those in the higher echelons of RAW, the conflict between intelligence agencies and the ease with which foreign intelligence agencies planted moles in RAW. But the biggest drawback of India’s prime secret service agency, he says, is that it suffers from lack of leadership and accountability.

Some of the issues raised by Mr Singh in his book are: Purchase of communications equipment by the Special Protection Group without insisting on specifications that would shield the system from possible penetration by foreign intelligence agencies; purchase of VHF/UHF antennae at prices far in excess of market rates; and, the irresponsible manner in which higher-ups in Government dragged their feet over the presence of a CIA mole in the organisation.

Reading him, one gets the impression that while our intelligence agencies are blessed with the dedicated, patriotic cadre, there are also a few crooks looking for opportunities to make a quick buck even in the purchase of equipment needed for our Prime Minister’s security. One, therefore, presumed that the Prime Minister’s Office would take serious note of these allegations and bring the crooks to book. However, instead of inquiring into these charges, the Government, probably at the instigation of the very persons whose conduct ought to have been probed, has unleashed the Central Bureau of Investigation, which is under the direct charge of the Prime Minister, on the author. And the weapon in the CBI’s hand is the old and rusted OSA.

The Law Commission has commented adversely about the absence of a clear definition of ‘official secret’ in this law. It had suggested 36 years ago that all laws relating to national security needed be consolidated. The Second Administrative Reforms Commission headed by Mr Veerappa Moily, which undertook a comprehensive review of the working of the Right to Information Act, said that Government must move “from the prevailing culture of secrecy to a new culture of openness; from personalised despotism to authority coupled with accountability; and, from unilateral decision-making to participative governance”.

As regards the OSA, it said this law had “illiberal and draconian provisions” and that, in its current form, it was an anachronism and must be repealed. It noted that the OSA was enacted in 1923 to deal with espionage, sedition, etc, but it ended up creating a culture of secrecy. “…the wording of the law and the colonial times in which it was implemented made it into a catch-all legal provision converting practically every issue of governance into a confidential matter.” Since the word “secret” or the phrase “official secrets” has not been defined in the OSA, “public servants enjoy the discretion to classify anything as secret”, it said. Mr VK Singh, too, makes this point and says that the obsession with secrecy reaches such ridiculous levels that even invitations to tea parties are classified as “secret” in organisations like RAW.

It is difficult to comprehend the continued survival of the OSA as a law despite such weighty opinions expressed against it by several commissions. This only shows the power of the bureaucracy to stifle all progressive ideas. The opening up of the economy and the media boom has brought about a change in many areas of human endeavour. But, as the working of the Right to Information Act shows, members of the Indian Administrative Service continue to offer resistance. Since Prime Minister Manmohan Singh is keen on administrative reform, he will have to deal with the retrograde mindset of the IAS, if he wants the information revolution to gain momentum. As the National Commission to Review the Working of the Constitution said, “We should have an oath of transparency in place of an oath of secrecy.”

Finally, we need to distinguish between whistle-blowers and those who are privy to official secrets. The Government must curb this tendency to shoot the messenger. This is the age of the whistle-blower and Mr Singh’s work is in line with the sentiment of accountability that is sweeping the country. When Mr VK Singh speaks about corruption in purchase of telecom equipment meant for the Prime Minister’s security, is he a violator of the Official Secrets Act? Or is he a whistle-blower who is warning fellow citizens about the rot that has set in our security agencies? Interestingly, after getting an insider’s view of RAW, Mr Singh has come to the conclusion that our intelligence agencies must be subject to parliamentary supervision.

Given the nature of their work, all these agencies have access to secret funds. Neither the Comptroller and Auditor General nor the Public Accounts Committee of Parliament has the right to look into the utilisation of these funds. While this gives these agencies the immunity they need to go about their work, it also spawns a culture of corruption and makes at least some of its officials feel that they are accountable to none. That is why Mr.Singh wants Parliament to oversee the working of the country’s secret service. He feels that unless this is done, the country’s intelligence agencies will remain corrupt and inefficient and even possibly conduct themselves in a manner which is inimical to democracy itself.

Significantly, Mr Singh speaks like a true democrat when he says in his book, “The Indian taxpayer has the right to know how his money is spent, and after reading this book, he will not only be wiser but also angry.” The author hopes that the anger gives rise to a public debate and an increase in accountability of our top intelligence agencies. Now that a person holding such views is being persecuted by CBI, Parliament must stand up for him.