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New Delhi:
After the West Bengal authorities in November 2018 revoked “general consent” given to the CBI to take up instances in opposition to central authorities employees, the probe company needed to take permission of the state authorities to file instances in opposition to them within the state dominated by the Trinamool Congress.
Since the day common consent was revoked, the CBI’s anti-corruption department in Kolkata has not filed a single case in practically two years, other than these ordered by excessive court docket or the Supreme Court, for need of consent from the West Bengal authorities.
On September 21, nevertheless, the CBI’s anti-corruption department in Kolkata file two instances – one in opposition to professor Sushanta Duttagupta for alleged monetary irregularities throughout his tenure as vice chancellor of Visva Bharati University between 2011 and 2016, and the opposite in opposition to Satish Kumar, Border Security Force Commandant and others on expenses of aiding cattle smuggling alongside the Indo-Bangladesh border.
Both these instances have been transformed from preliminary enquiries into First Information Reports or FIRs.
The preliminary probe in opposition to Sushanta Duttagupta was initiated in July 2018, and the enquiry in opposition to Satish Kumar began in April the identical yr. In each these instances, the enquiries have been began earlier than the West Bengal authorities revoked the final consent given to the Central Bureau of Investigation or CBI.
“Though PE (preliminary enquiry) in both these cases was registered two years ago and the enquiry showed prima facie offence, it could not be converted into regular cases (FIRs) for want of consent from the West Bengal government. Now relying on the recent order passed by the Calcutta High Court, we have registered FIRs in these two cases without the consent of the state government,” an individual with direct information of the matter within the CBI instructed NDTV, asking to not be named.
The order by the Calcutta High Court in a corruption case involving a central authorities worker got here as a gap for the probe company to push forward with submitting instances in West Bengal in opposition to central authorities staff even with out the consent of the state authorities.
The excessive court docket, after noting that the state authorities had revoked the final consent, had mentioned, “This Court is, therefore, of the view that, the central government/CBI’s power to investigate and prosecute its own officials cannot be in any way impeded or interfered by the state even if the offenses were committed within the territory of the state.”.
This in impact allowed the CBI to file case in opposition to central authorities staff even with out the permission of the state authorities
As on date, states like Rajasthan, Mizoram and West Bengal have revoked common consent granted to CBI, however this judgement of the Calcutta High Court has made the transfer of the state governments ineffective because the CBI, citing this judgment, can file instances even with out the permission of the state governments.
“This judgement of the Calcutta High Court has made Section 6 of DSPE Act, which mandates consent from the state government for registering cases as null and void. Though it’s a shot in the arm for CBI as opposition-ruled states are revoking general consent granted to them and making the agency write to them seeking permission each time for registering a case, this judgement is against the concept of federalism. Relying on this judgement, the CBI will start registering cases in the territorial jurisdiction of a state even without the consent of the state government despite law and order being a state subject,” a senior police officer instructed NDTV, asking to not be named. It’s stunning the state authorities hasn’t appealed in opposition to this judgement, the officer added.
NDTV has reached out to West Bengal authorities for feedback.
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