SHRI CHANDRA SHEKHAR (Ballia) (U.P.) :

Mr. Speaker, Sir, when this incident took place, it rented the air throughout the country and most of the people were of the opinion that the CBI officials transgressed their limits. This is also a fact that at that time the army officers had refused to accede to their request. This statement is also true that the Patna High Court had directed the CBI to seek help from the Army. Well, the officers of the army were also of the opinion that it was beyond their competence. In these circumstances it was clear that one particular officer of CBI had crossed his limits. I am not aware of the decision given by the Calcutta High Court. I do not want to dwell upon their decision but the point which has been just now raised by Shri Somnath Chatterjee is more important. If the police personnel resort to taking the help of the army, then the whole set up of this country would crumble down. There are many other ways to seek the help of the army. In case the Chief Minister was not calling the army, the Governor was there to do so. The Defence Minister is there, the Home Ministry is there. This work could have been done through these channels but if any police officer directly approaches, the army, that constitutes an unpardonable offence. I do not know on what basis the Calcutta High Court mentained that they should not be awarded any punishment for doing so. Mr. Speaker, Sir, through you I urge upon the Government not to allow such onslaughts on the Constitution while dealing with certain people. All the people, be they politicians or bureaucrats, they should be made to act strictly within the framework of the Constitution and in case there are any cases of violation of Constitutional provisions, such cases must be decided by the Supreme Court. I am sure the hon. Minister Mr. Khurana will rise above all the trivial things and dwell upon the basic question.