Hindustan Times (Delhi)

Andhra, Bengal move against CBI

- Rajesh Ahuja and agencies rajesh.ahuja@hindustant­imes.com

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 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 Bharatiya Janata Party (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. He has also been trying to build consensus for a united front against NDA in 2019. Banerjee is trying to do the same.

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 New 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 and completely rattled Naidu is trying to save his government,” Rao said.

“We haven’t received Andhra Pradesh’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 accordingl­y,” said CBI spokespers­on Abhishek Dayal.

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