DNA Edit – CBI and consent: Naidu, Mamata trying to turn it into federalism issue

These are indeed dark days for the Central Bureau of Investigation. First Andhra Pradesh and then West Bengal, two state governments in quick succession have withdrawn their general consent for CBI to carry out investigative work in their states. Given that the premier agency’s credibility is under the scanner owing to the ongoing case in the Supreme Court, the twin blows further undermine its status in the public eye. Political dispensations opposed to the BJP are making full use of the crisis in reputation that the CBI is grappling with. And while exploiting the situation, both Mamata Banerjee of Bengal and Chandrababu Naidu of Andhra haven’t transgressed the law. Police being a state subject, the Delhi Special Police Establishment Act, Section 6 governing the CBI, clearly states that without the permission of state governments, the agency cannot probe cases on its own. However, if the higher judiciary – the High Court or the Supreme Court -- orders the CBI to carry out investigations, the agency can bypass state government. Naidu’s gripe about the CBI that it is controlled by the government hardly comes as a surprise. Since the 1990s, the CBI has been called several uncharitable names such as “the handmaiden of the ruling party” and, more recently, by the SC, a caged parrot. Instead of battling corruption, it became embroiled in partisan politics, working at the behest of the powers of the day. Even the Central Vigilance Commission, which controlled the CBI, could not bring about a culture of transparency and accountability. Both Naidu and Mamata are merely playing to the gallery as victims of political vendetta. However, the CBI will continue to probe cases of corruption in Bengal pertaining to the multi-crore Sharada chit fund scam. Both CMs are trying to turn this into a federalism issue but the law will take its own course.