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After Andhra, Bengal bar CBI, FM Jaitley says states not sovereign in corruption cases

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After Andhra, Bengal bar CBI, FM Jaitley says states not sovereign in corruption cases

[vc_row][vc_column][vc_column_text]Amid the escalating Centre-state clash with Mamata Banerjee government in Bengal joining Chandrababu Naidu government of Andhra Pradesh (AP) in withdrawing general consent given to the CBI to investigate any case in the state, Finance Minister Arun Jaitley today (Saturday, Nov 17)  hit back saying, “there’s no sovereignty of any state in the matter of corruption. Only those that have a lot to hide take the step of not letting the CBI come to the state.’’

Jaitley, who was in Bhopal to release the BJP’s manifesto for the assembly elections, alleged that the move in the case of Andhra Pradesh was motivated by the fear of what is likely to happen than by any particular case. Alleging that the top leadership of Trinamool Congress was involved in scams, he said the Sharda and Narada scams can’t be wiped out by merely saying we will keep away the CBI.

This, however, was disingenuous: the bar on CBI does not apply to cases already being investigated by it.

Earlier, Mamata Banerjee backed Naidu’s step and, addressing Trinamool Congress (TMC) workers, said, “We will also do the same in our state. We will cross-check the laws. They (the BJP) are giving instructions to agencies from their party offices. From CBI to RBI, they have turned institutions into disasters.”

AAP leader and Delhi Chief Minister Arvind Kejriwal, in a tweet, said: “Chandrababuji has done the right thing. Modi is misusing the CBI and Income Tax department…”

There was no immediate comment from the CBI but a former officer of the agency, who handed policy matters, said “withdrawal of consent simply means that CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them,” according to a report in The Indian Express (IE).

The BJP reacted angrily to Naidu’s move, saying Opposition parties have formed a “grand alliance of most corrupt parties to protect their interests”. Calling it a “clear malafide exercise of power”, BJP MP and its national spokesperson GVL Narasimha Rao told reporters: “A nervous and completely rattled Naidu is trying to save his government.”

The Andhra Pradesh government order comes at a time when Chandrababu Naidu is trying to rally non-BJP parties for an alliance in the run-up to the 2019 state and Lok Sabha elections.

Naidu has accused the BJP of conspiring with Andhra Pradesh Opposition leader YS Jagan Mohan Reddy to topple his government by using the CBI and Income Tax department. The I-T department had recently searched premises allegedly linked to TDP MP C M Ramesh.

As reported earlier, AP Home Department GO number 176, issued on November 8 by Principal Secretary A R Anuradha, stated: “In exercise of power conferred by Section 5 of the Delhi Special Police Establishment Act, 1946 (Central Act No 25 of 1946), Government hereby withdraws the general consent accorded in GO No 109 Home (SC.A) Department dated August 3, 2018 to all members of the Delhi Special Police Establishment to exercise the powers and jurisdiction under the said Act in the State of Andhra Pradesh.’’

The CBI was established under the Delhi Special Police Establishment (DPSE) Act. An official of the Home Department l said that while Section 5 of the Act gives powers to the CBI over all areas in the country, Section 6 states that without the consent of the state concerned, it cannot enter that state’s jurisdiction.

However, the Supreme Court and high courts can ask the CBI to probe a crime in a particular state even if the state is not keen to let the agency in. The CBI, in case it considers necessary, can approach the SC and HCs for permission to take up cases or extend their investigation to a state which may wish to declare it to be out-of-bounds for the agency.

Also, the moves by AP and West Bengal governments will not affect ongoing investigations, filing of chargesheets and conduct of trials. Sources in the AP government conceded that the agency could continue to investigate and carry out raids in cases in which it has already obtained consent from the state government.

At present, no major CBI case is being investigated in Andhra Pradesh. The cases of meat exporter Moin Qureshi and businessman Sana Sathish Babu are registered in New Delhi. There is ambiguity, however, on whether the agency can carry out a search in the state in connection with an old case without the consent of the state government.

The Delhi High Court order on October 11, 2018 makes it clear that the agency can probe anyone in a state that has withdrawn “general consent” if the case is not registered in that state. The order came on a case of corruption in Chhattisgarh. The court ordered that CBI could probe the case without prior consent of Chhattisgarh government since the case was registered in Delhi.

This is not the first time that a state government has revoked “general consent” for CBI probes, pointed out media reports.

On an earlier occasion, Sikkim had withdrawn the “consent” the CBI is required to take as per Section 6 of the DSPE Act.

In 1998, the Janata Dal-led government of J H Patel in Karnataka had similarly withdrawn general consent to CBI. When the S M Krishna-led Congress government took over the reins of power in 1999, it did not feel the need to revoke Patel’s order. Leader of the Congress in Lok Sabha, Mallikarjun Kharge, was then Home Minister of Karnataka.

“It wasn’t renewed for eight years. The CBI had to virtually close down its office,” recalled an officer who was with the CBI then, said the IE report. The officer told IE that the agency had to seek permission of the state government for every case and every search, making it difficult to carry out surprise searches, or register a case not agreeable to the state government.[/vc_column_text][/vc_column][/vc_row]

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BJP says it stands for credibility of promises under PM Modi, Congress for crisis

Trivedi mockingly questioned whether Kharge was truthful in his statements made the previous day, implying that his critiques of the BJP were a reaction driven by pressure to reconcile his earlier remarks.

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The BJP said on Saturday that it stood for the credibility of promises made under Prime Minister Narendra Modi’s leadership, while labeling the Congress party as one suffering from a crisis of credibility, intensifying their ongoing rhetorical conflict over unfulfilled electoral pledges.

BJP spokesperson Sudhanshu Trivedi said that the ruling party has expanded its welfare initiatives, including health insurance, free food grains, and cash transfers to farmers, emphasising a strategy focused on wealth creation followed by equitable distribution as the Indian economy has grown over the last decade.

“We believe in the creation of wealth and its distribution. The Congress fosters corruption and depletes wealth,” he stated, referencing numerous unfulfilled promises made by Congress-led governments across various states.

Following Mallikarjun Kharge’s remark labeling “Modi ki guarantee” as a cruel joke after Modi seized Kharge’s guidance on budgetary constraints in state poll announcements, the BJP launched new accusations.

Trivedi mockingly questioned whether Kharge was truthful in his statements made the previous day, implying that his critiques of the BJP were a reaction driven by pressure to reconcile his earlier remarks.

Trivedi highlighted several accomplishments of the Modi government, including the construction of the Ram temple, the abrogation of Article 370, the building of over 14 crore homes for the impoverished, the establishment of more than 51 crore Jan Dhan accounts, and a firm stance against terrorism from Pakistan, to demonstrate the government’s fulfillment of its commitments.

He noted that Kharge, having witnessed notable leaders like PV Narasimha Rao and Pranab Mukherjee manage economic challenges effectively, is now observing the Congress party struggling under the influence of urban Naxals due to Leader of Opposition in the Lok Sabha Rahul Gandhi.

Addressing Kharge’s criticisms on various issues, Trivedi pointed to data from the Employees’ Provident Fund Organisation (EPFO) indicating a rise in account holders from 11 crore to 25 crore over the past decade.

He also referenced significant infrastructure projects, such as the construction of homes for the poor, 74 new airports, and an impressive pace of 37 kilometers of road built per day, claiming that these initiatives have created substantial employment opportunities.

“India is now ranked third in auto manufacturing and second in mobile phone manufacturing; if anyone is unable to recognize the country’s progress, there is a profound deficiency in their perspective,” asserted the BJP spokesperson.

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Maharashtra elections: Congress says Mahayuti understands its exit is certain

Congress leader Sachin Pilot, also an observer of the Congress party for the Maharashtra elections, said that the ruling Mahayuti alliance is aware that its exit is imminent.      

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The Congress on Wednesday asserted the ruling Mahayuti government in Maharashtra has understood that its exit is certain as the Maha Vikas Aghadi alliance is strong and that all its candidates are in a strong position for the upcoming Assembly elections in the state.

Congress leader Sachin Pilot, also an observer of the Congress party for the Maharashtra elections, said that the ruling Mahayuti alliance is aware that its exit is imminent.      

The Congress leader stated that the party is fully prepared and that its ally parties in Maharashtra are strong. He mentioned that the seat-sharing negotiations occurred in a positive atmosphere and that the ruling party has recognized that their exit is inevitable.

“All the candidates of the Maha Vikas Aghadi (MVA) are in a strong position. The people here have decided to support Congress and its allies in the upcoming Assembly elections,” he said.

He also noted that the alliance’s performance in the recent Lok Sabha elections was impressive. “Wherever Congress contested, our candidates won 80 percent of the seats. We expect this trend to continue,” he added.

Pilot acknowledged that there have been some differences among party members regarding specific seats but assured that those issues would be resolved in the next 2-3 days, ensuring there would be only one candidate from the MVA for each seat.

Earlier in the day, Ramesh Chennithala, Congress in charge of Maharashtra, slammed the BJP, claiming that the party is undermining its alliances in the state.

“The BJP is dismantling its alliances. They are forcefully converting alliance partner candidates into their own party candidates. The people will respond to this,” he stated while speaking to reporters.

Earlier on October 26, Chennithala alleged that crores of rupees have been reportedly offered to two of its MLAs to join Maharashtra Deputy Chief Minister Ajit Pawar-led NCP faction, ahead of state Assembly elections.

Chennithala made those allegations while speaking to reporters in the national capital. He also questioned the Maharashtra Chief Minister Eknath Shinde.

Voting for all 288 constituencies for the Maharashtra Assembly elections are set for November 20 and counting on November 23. In the 2019 Assembly elections, the BJP won 105 seats, the Shiv Sena 56, and the Congress 44. In 2014, the BJP secured 122 seats, the Shiv Sena 63, and the Congress 42.

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Rahul Gandhi not upset, Opposition spreading fake news: NCP (SP) leader Anil Deshmukh

“Opposition parties are spreading false information. It is not true that Rahul Gandhi is upset with leaders in the State,” he said.

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Asserting that Leader of Opposition in the Lok Sabha and Congress leader Rahul Gandhi was not upset with the Maharashtra unit, NCP (SP) leader Anil Deshmukh on Saturday accused the Mahayuti of spreading fake news over the issue of seat-sharing in the state.

Deshmukh mentioned that meetings between leaders of Congress in Maharashtra, including Balasaheb Thorat, Nana Patole, and Vijay Wadettiwar, and representatives of NCP (SP) and Shiv Sena (UBT), went well.

“Rahul Gandhi is not upset. Leaders like Balasaheb Thorat, Nana Patole and Vijay Wadettiwar all had meetings with leaders of NCP-SCP and Shiv Sena (UBT). We had taken the decision regarding seat sharing based on merit,” the NCP(SP) leader said.

He further clarified that the decision on seat sharing was made based on merit, countering the false information being spread by Opposition parties. Deshmukh also dispelled the notion that Rahul Gandhi was upset with the state leaders.

“Opposition parties are spreading false information. It is not true that Rahul Gandhi is upset with leaders in the State,” he said.

Furthermore, in preparation for the upcoming Assembly polls in Maharashtra, Congress released its second list of 23 candidates on Saturday.

The Maha Vikas Aghadi (MVA) has concluded talks on sharing seats in 255 constituencies, with each party planning to contest 85 Assembly constituencies, as informed by Maharashtra Congress President Nana Patole.

On the same day, the BJP released a list of 40 star campaigners, including prominent party leaders such as Prime Minister Narendra Modi, party chief Jagat Prakash Nadda and Union Home Minister Amit Shah.

The other leaders from the saffron party — Union Minister Nitin Gadkari, Defence Minister Rajnath Singh, Uttar Pradesh Chief Minister Yogi Adityanath, Assam Chief Minister Hemant Biswa Sarma, Madhya Pradesh Chief Minister Shivraj Singh Chouhan, Union Minister Bhupendra Yadav, Smriti Irani, Piyush Goyal, Jyotiraditya Scindia, Pramod Sawant were in the list.

The list also includes names of prominent leaders from the State — Maharashtra deputy CM Devendra Fadnavis, Vinod Tawde, Narayan Rane, Pankaja Munde, Chandrakant (Dada) Patil, Girish Mahajan, Radhakrishna Vikhe Patil, Ashish Shelar, Udayan Raje Bhonsle, Raosaheb Danve Patil, Ashok Chavan, Sudhir Mugantiwar, Navneet Rana, among others.

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