Finance Minister Arun Jaitley on Saturday lambasted the Andhra Pradesh and West Bengal governments for barring CBI from carrying raids in the states without the state government's consent. Taking a dig at Chandrababu Naidu and Mamata Banerjee-led governments, the FM said that there's no sovereignty of any state in the matter of corruption.
"Only those who have a lot to hide have taken the step of not letting CBI come to their state. There is no sovereignty of any state in the matter of corruption. Andhra move is not motivated by any particular case but in fear of what is likely to happen," Jaitley said in Bhopal on Saturday. He was there to release BJP's manifesto for the Assembly elections.
The development comes after Naidu pulled out from the National Democratic Alliance over demands for 'special status' to Andhra Pradesh. Naidu accused the Centre of bringing down the reputation and credibility of CBI for its own gains.
As per rules under the Delhi Special Police Establishment Act of 1946, in accordance with which the CBI was formed, the CBI has complete jurisdiction over Delhi.
But it can also enter the other states with the 'General Consent' of the state government. In the absence of the permission now, the CBI cannot interfere with any case that takes place within the limits of Andhra Pradesh. "The reason to withdraw the consent was recent allegations against the top officials of country's premier investigation agency," said Andhra Pradesh deputy chief minister (Home) N China Rajappa.
The Chandrababu Naidu-led Andhra Pradesh government has also vested the state investigation agency with the responsibility of CBI duties in the state. The Andhra government's order was passed on November 8, three months after it gave the general consent to the CBI to exercise its powers and jurisdiction in the state.
Experts, however, said that the phrase, 'withdrawal of general consent' was a theoretical jargon. "Consent of the state government is required to carry out any raid unless the raid was during an inquiry where a Central government employee is involved," said a High Court lawyer.
After the Naidu-led Andhra Pradesh government barred CBI, the Banerjee-led West Bengal government also withdrew general consent to the CBI. The decision was taken in a high-level meeting at Nabanna. The move by the TDP-ruled Andhra and TMC-ruled West Bengal governments has intensified the political slugfest between the non-BJP ruled states and the Centre in the run-up to the 2019 Lok Sabha elections.
The CBI functions under the Delhi Special Police Establishment Act. Under Section 6 of the Act, a state government "routinely" grants consent to the CBI for exercising its authority in the state and the AP government, too, had issued relevant orders periodically in the last few years.
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