Andhra Pradesh, Bengal rescind consent for CBI
ROADBLOCK BJP calls the decision a ‘malafide exercise of power’
NEW DELHI: The Andhra Pradesh government of N Chandrababu Naidu and the West Bengal government of Mamata Banerjee have both barred the Central Bureau of Investigation (CBI) from exercising authority in their states without their express consent in each case, making the point that they doubt the independence of the country’s premier investigating agency.
Both government will not allow the Central Bureau of Investigation to conduct raids or investigations without prior approval.
Officials in Bengal added that the only exception will be in cases ordered by court.
NEW DELHI: The Andhra Pradesh government of N Chandrababu Naidu and the West Bengal government of Mamata Banerjee have both barred the Central Bureau of Investigation (CBI) from exercising authority in their state without express consent in each case, making the point that they doubt the independence of the country’s premier investigating agency.
The Telugu Desam Party government, until March an ally of the ruling National Democratic Alliance (NDA) at the Centre, will not allow the CBI to conduct raids or investigations in Andhra Pradesh without its prior approval.
“In exercise of the powers conferred by Section 6 of the Delhi Special Police Establishment Act, 1946, the government hereby withdraws the general consent accorded (in GO Ms 109) to all the members of the Delhi Special Police Establishment to exercise the powers and jurisdiction under the said Act in the state of Andhra Pradesh,” a government order said.
Banerjee, who heads a Trinamool Congress government, first supported Naidu’s decision. Later in the evening, a senior West Bengal government functionary said on condition of anonymity that the state has decided to follow Andhra’s example.
CBI functions under the Delhi Special Police Establishment Act, which gives it complete jurisdiction over Delhi and allows it to enter other states with the ‘general consent’ of that state’s government. In the absence of such consent, CBI cannot interfere in any case within the limits of states. The Naidu government has vested the state investigation agency with the responsibilities of CBI. Details of what the Bengal government has done aren’t available and it isn’t clear whether an order was passed.
In Andhra, state home minister N Chinarajappa said the decision to block CBI in the state arose out of a sense that the agency was being misused by the Centre. “If you see the developments in last 2-3 months, CBI is being misused for political purposes. There is a change in even CBI. People, intellectuals and advocates of Andhra Pradesh are suggesting that the state should be careful.” Last month, the central government sent CBI director Alok Verma and his deputy Rakesh Asthana on leave after they traded allegations of corruption in an increasingly public feud that has reached the courts.
In March, Naidu pulled out of the BJP-led NDA government at the Centre to protest the denial of special category status to Andhra Pradesh that would have given it access to Central grants to fund development projects, following its 2014 bifurcation to create the state of Telangana. He has since joined an alliance with the Congress to fight upcoming elections in Telangana. Opposition allegations that the Centre is misusing the CBI to harass its rivals are common. On Friday, Delhi chief minister Arvind Kejriwal tweeted in Hindi: “Chandrababu has done the right thing. Modi is misusing the CBI and Income Tax Department.” He also advised Naidu “to not allow the I-T Department in the state.”
“What the Naidu government has done is absolutely right. We will also look into the rules under which it was done. Earlier, we didn’t need to use such provisions but we need to do it now as BJP is using CBI and other agencies to pursue its own political interests and vendetta,” Banerjee said.
In Delhi, BJP spokesperson G V L Narasimha Rao alleged that the Naidu government’s decision was a “clear malafide exercise of power” to ensure that “corruption” was not exposed. “A nervous Naidu is trying to save his government,” Rao said. “We haven’t received Andhra ’s notification revoking general consent to CBI for probing officials of Centre in the territory of AP. Once we receive it, we will examine it and take steps,” said CBI spokesperson Abhishek Dayal.