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

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8 years ago

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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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Kharge, Rahul Gandhi skip Independence Day event for 2nd straight year

Congress chief Mallikarjun Kharge and Rahul Gandhi skipped the 80th Independence Day celebrations at the Red Fort for the second consecutive year.

Published

23 hours ago

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August 15, 2026

By

Rahul Kharge

Congress president Mallikarjun Kharge and Leader of Opposition in the Lok Sabha Rahul Gandhi skipped the 80th Independence Day celebrations at Delhi’s Red Fort for the second consecutive year.

Prime Minister Narendra Modi led the Independence Day celebrations at the historic venue on Saturday.

The absence of the two senior Congress leaders comes amid strained relations between the ruling party and the Opposition, which further deteriorated during the Monsoon Session of Parliament that concluded on Thursday.

2024 seating controversy

Rahul Gandhi had attended the Independence Day celebrations in 2024 but his seating arrangement triggered a controversy. The Congress leader, who holds the status of a Cabinet minister as Leader of the Opposition in the Lok Sabha, was seated in the second-last row during the ceremony at the Red Fort.

The Opposition had criticised the seating arrangement, calling it an insult to the people. The Defence Ministry, which organised the event, said the arrangement had been modified to accommodate Olympians at the venue.

According to protocol, the Leader of the Opposition is seated in the front row during ceremonial events.

Opposition-ruling party tensions

Relations between the government and the Opposition remained tense during the Monsoon Session, which ended on Thursday.

The session saw repeated clashes between the two sides, with both the Opposition and the ruling party blaming each other for the low productivity of Parliament.

The session began on July 20, with students marching towards Parliament on the first day. Twelve bills were passed during the session, while detailed discussion took place on only one legislation, concerning paper leaks.

The Congress, along with the Trinamool Congress and Samajwadi Party, also boycotted the customary tea party hosted by Lok Sabha Speaker Om Birla after the House was adjourned sine die.

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Assam BJP leader Bikash Dhar found dead, 5 arrested for murder

BJP leader Bikash Dhar, 52, was found dead in an abandoned house in Assam’s Sribhumi district after being reported missing on August 12. Police have arrested five people in connection with the alleged murder.

Published

2 days ago

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August 14, 2026

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A 52-year-old BJP leader who had been missing for two days was found dead in Assam’s Sribhumi district on Friday, with police alleging that he was murdered.

Bikash Dhar, a resident of Chagalmowa village under Bazaricherra police station, was found dead inside an abandoned house in the Yogicherra area near the Tripura border on Friday morning.

Dhar’s family had filed a missing complaint on August 12 after he left home following a phone call.

According to his son Madan Dhar, Bikash left around 1 pm after saying that he had to attend an emergency meeting. When he did not return and his phone was switched off, the family began searching for him and later approached the police.

Five arrested in murder case

Sribhumi Superintendent of Police Leena Doley said an investigation was launched after the missing complaint was received. The probe was conducted under the supervision of the Additional Superintendent of Police (Crime).

Police said five people have been arrested in connection with the alleged murder. They were identified as Abdul Salam, Sifat Ali, Abdul Ahad, Saiful Ali and Badrul Haque.

According to the police, interrogation of Abdul Salam revealed that the accused had an enmity with Dhar. Police alleged that the group killed him and dumped his body near a water body.

Another person, identified as Sunam Miya, was named during the investigation and reportedly fled to Tripura on the night of the incident.

Police find injury and cut marks on body

Police said injury and cut marks were found on Dhar’s body, and a murder case has been registered.

During the recovery of the alleged weapon, police said accused Badrul Haque attempted to escape from custody. A police constable was injured during the incident.

Police said they fired at Haque’s leg to prevent him from escaping, resulting in a bullet wound.

The investigation into the circumstances surrounding Dhar’s death and the alleged involvement of the accused is underway.

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Karnataka Cabinet clears public property bill amid RSS registration row

Karnataka Cabinet approves a Bill to regulate the use of government premises and public property amid a political row over RSS registration.

Published

2 days ago

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August 14, 2026

By

Priyank Kharge

The Karnataka Cabinet has approved a proposed law to regulate the use of government premises and public property in the state, amid an ongoing political debate over the registration and use of public spaces by the Rashtriya Swayamsevak Sangh (RSS).

The Karnataka Regulation of Use of Government Premises and Public Property Bill, 2026 was cleared by the Cabinet, Home Minister Priyank Kharge said after the meeting.

According to the government, the proposed legislation aims to establish a legal framework governing the use of government lands, buildings, playgrounds, parks, roads and other public assets by private individuals, organisations, associations and societies.

Kharge said the objective was to prevent unauthorised use and misuse of public property while ensuring that such assets are protected for public benefit.

What the Karnataka public property bill proposes

The proposed legislation is expected to lay down procedures for obtaining permission to use government property for events, meetings and other activities.

It also proposes provisions for penalties in cases involving misuse of government premises or damage to public property, according to officials.

The government is expected to introduce the Bill in the Karnataka legislature, where it will be taken up for discussion and passage.

Priyank Kharge denies Bill targets RSS

The proposed legislation comes against the backdrop of a row involving the RSS and its use of public property in Karnataka.

Kharge, however, rejected speculation that the Bill had been framed specifically against the RSS or any other organisation. He said the government did not have a particular institution, association, organisation, society, club, union, syndicate or NGO in mind.

The issue has been part of a wider political debate since 2025, with Kharge opposing the use of government premises and public property by the RSS and calling for the organisation to register formally.

In June, Kharge also wrote to RSS chief Mohan Bhagwat seeking clarity on the organisation’s legal status, financial transparency and constitutional accountability.

The development is likely to keep the debate over the use of public property and the legal status of organisations in Karnataka in focus as the proposed legislation moves to the state legislature.

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