NEW DELHI, August 1: The Government said in the Lok Sabha today that a high-level enquiry was being ordered into the conduct of the Central Bureau of Investigation (CBI) officials who sought Army's assistance to arrest Laloo Prasad Yadav which it termed was ``in clear violation of the established procedure and also wholly beyond their authority.''

Making a statement on the issue, Home Minister Indrajit Gupta said the government had considered this episode with a seriousness it deserved and had taken a serious note of the conduct of the CBI officials concerned in seeking the assistance of the Army without following the established procedure.

Tracing the events leading to the episode, the Home Minister said that request made by the CBI officers to the local Army authorities at Danapur was in clear violation of the established procedure and also wholly beyond their authority.

He said, ``The overall national interest in a democratic society demands that the Army's assistance should be sought only in exceptional circumstances and following due procedure.'' He added, any deviation from the established procedure had the potential of leading to grave and undesirable consequences.

``Since the request in this case had not been made through the authorised civil authorities, an explosive situation could have resulted from this action,'' he observed.

He said based on the findings of the enquiry, appropriate action would be taken. Government will ensure that instructions for seeking Army assistance were scrupulously observed, he added.

He continued that instructions were issued by the CBI headquarters to the local formation that assistance of the State authorities should be obtained in the execution of the arrest warrant.

They were also told that the State chief secretary and other senior officers should be taken into confidence for this purpose and that utmost care should be exercised.

Gupta said it appears that ``after having been unable to establish contact with the chief secretary of Bihar and having been given to understand by the DGP that making necessary security arrangements would entail some extra time, the joint director of the CBI at Calcutta, who has been supervising this case, directed the SP, CBI at Patna, to seek the assistance of the Army in the execution of the arrest warrant.

The letter of the SP, CBI, to the Danapur Army authorities stated ``as per the oral directions issued by the honourable Patna High Court (Justice S N Jha and Justice S J Mukhopdhyay), this is to request you for favour of providing immediately armed contingents, comprising atleast one company, to assist the CBI party to execute the non-bailable warrant against Laloo Prasad Yadav.''

Gupta said the Army authorities in Danapur did not respond to the request on the ground that the Army would be able to come to the aid of civil administration only at the request of the notified civil authorities.

They also informed the CBI officers that in view of the sensitivities involved, they had sought guidance from the Army headquarters, he said.

The Home Minister said according to established procedure, the assistance of the Army can be sought by the civil authorities strictly in accordance with law and in limited cases, where the assistance is absolutely essential for the maintenance of law and order and essential services and in natural calamities etc.

Further, the Home Minister said, the request has to be made meticulously in accordance with the procedure through proper channel. But here it looked like the request was made in violation of established procedures.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.