Andhra Pradesh, West Bengal withdraw ‘general consent’ to CBI
WEB DESK
Governments of Andhra Pradesh and West Bengal have decided to stop the Central Bureau of Investigation (CBI) from investigating cases in their respective states.
The move is being seen as perceptions in the two states ruled by opposition parties who have frequently accused the CBI of acting at the behest of the BJP-led national coalition at the centre.
West Bengal Chief Minister Mamata Banerjee’s action after Chandrababu Naidu’s Andhra Pradesh decided to prevent the top federal agency of the country from operating within their respective state.
On Friday, the Andhra Pradesh government issued a notification withdrawing consent accorded to officers of the investigation agency to carry out search and operations without informing it first. Later in the day, the West Bengal government too withdrew the free pass or “general consent” to the country’s top investigation agency.
A notification by the Andhra government issued this week says the general consent accorded by the state to Delhi Special Police Establishment stands withdrawn. The CBI was constituted under the Delhi Special Police Establishment Act of 1946.
“If you see the developments in last 2-3 months, CBI is being misused for political purposes,” Andhra home minister N Chinarajappa said to explain his government’s order. He said the government’s decision to block the CBI from operating arose out of a sense that the agency was being misused by the Centre.
Naidu’s Telugu Desam Party was a part of the national coalition till March this year but the two parties had a bitter falling out over special category status for Andhra Pradesh.
Since public order and police comes under the state government under the constitutional scheme of things, the Delhi Special Police Establishment Act – the law governing the CBI – requires states to give the central agency a general consent to act against central government employees within the state.
Bengal Chief Minister Mamata Banerjee had been one of the first to back Chandrababu Naidu when news of his decision came in public domain.
“He did the right thing. We should also think about it. Instructions (to the agency) are given from BJP offices,” Mamata Banerjee said at a meeting of the Trinamool Congress’s core committee meeting during the day.
She followed up on her comments and summoned a high-level meeting soon after. Sources said it was at this meeting on Friday evening that the government decided to follow in footsteps of Andhra Pradesh and restrict the role of CBI officers in the state.
“In 1989, the Left Front government gave a general consent for the CBI to operate here. The government is withdrawing the consent,” said a senior state government official.
The government order withdrawing consent does not apply to CBI investigations conducted on court orders.
In Bengal, CBI is investigating a few high profile cases such as Saradha and Rose Valley ponzi scams and the Narada sting operation in which about 20 Trinamool leaders — ministers, MLAs and MPs — are allegedly involved.
Bikash Ranjan Bhattacharyya, a CPM leader and former mayor of Kolkata told HT that too much was being made of this consent.
“Withdrawal of general consent is nothing but a populist jargon. The rule is, if CBI has to investigate anything dealing with any matter in a state, the consent of the government is necessary. But the consent is not required if the agency is dealing with any matter of the central government,” said Bhattacharyya, also a senior advocate.
Meanwhile Delhi chief minister Arvind Kejriwal tweeted in Hindi: “Chandrababu has done the right thing. Modi is misusing the CBI and Income Tax Department.” Kejriwal went one step to advise Naidu to banish the Income Tax Department from the state too.