Naidu right legally but courts can overrule

The AP government appeared to be on strong legal ground while taking the surprise decision to withdraw general consent given to the Central Bureau of Investigation to operate in the state.

Section 6 of the Delhi Special Police Establishment Act, which covers the CBI, stipulates, “Nothing contained in Section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in [a State, not being a Union territory or railway area), without the consent of the government of that state.

A retired DGP of undivided AP said that the state government had the power under the Delhi Special Police Establishment (DSPE) Act either to give consent or to refuse it whenever the CBI asks to exercise its jurisdiction with any state which is not under the jurisdiction the DSPE Act. He said the notification of the AP government was well within legal parameters. Lawyers said that most of the state governments across the country do not grant general consent. They give consent on a case-wise basis whenever the Centre or the CBI seeks consent.

They said that no state had given a notification withdrawing general consent to the CBI as was done by the Naidu government.

Sources said Mr Naidu who is known to force his opponents to the back foot had brought out this notification to give moral support to his party leaders in view of the recent incometax raids on them.

Mr T. Pradyumna Kumar Reddy, senior criminal lawyer at the High Court, said the AP notification would not have retrospective effect, nor would it affect ongoing CBI cases in the state.

■ NO STATE had given a notification withdrawing general consent to the CBI as was done by the Naidu government.