BJP-Ruled MP Joins Non-BJP States to Ask CBI to Seek Prior Permission for Investigating Cases
NEW DELHI, July 18: In a surprising move, the BJP-ruled Madhya Pradesh joined a host of non-BJP state governments asking the Central Bureau of Investigation (CBI) to seek written consent from the state before it can initiate inquiries in its jurisdiction.
A notification to this effect was published on Tuesday having a retrospective effect from July 1. Specifically, the CBI now needs written clearance from the Madhya Pradesh administration to investigate private individuals, government officials, or any entities within the state.
According to Section 6 of the Delhi Special Police Establishment Act under which the CBI function, the central agency was required to seek consent from a state government to conduct an investigation in its jurisdiction. So far mostly the state governments run by opposition parties, such as Bengal, Tamil Nadu, Punjab, Kerala, and Telangana have adopted the order requiring the CBI to seek prior permission.
In October 2022, the Maharashtra government had reversed an earlier order to this effect issued by the previous Maha Vikas Aghadi (MVA) government. Chief Minister Eknath Shinde, whose Shiv Sena is backed by the BJP and Ajit Pawar’s NCP, reversed an order passed by his predecessor, Uddhav Thackeray and the MVA that included the Congress.
States’ directions for the CBI to ask permission before starting an inquiry on its soil made headlines last year amid allegations by the opposition that the ruling BJP uses federal agencies to target rival political leaders, particularly before an election.
In December last year the centre responded sharply to states’ actions, insisting requiring the CBI to ask for permission had severely limited its powers to investigate cases. A Parliamentary panel said there was a need to enact a law so the agency could probe cases without state “interference.” At the same time, the panel also acknowledged there need to safeguards to ensure objectivity and impartiality in functioning of the CBI so the states don’t complain of discrimination.
Those charges of discrimination were underlined in November when Bengal’s ruling Trinamool accused the CBI of registering cases and launching investigations without its consent. The West Bengal government’s petition against the CBI is pending before the Supreme Court in which the union government has claimed that the agency was an “independent legal person” and that it had no “control” over its actions.
The Bengal government had withdrawn permission to the CBI as far back as 2018 but in most of the cases, the BJP and the BJP-supported organisations had moved the Calcutta High Court to seek directions for CBI inquiry in the cases.
(Manas Dasgupta)
