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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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Yogi Adityanath hits back after Akhilesh Yadav says organising cabinet meeting at Kumbh is political

Adityanath juxtaposed the global acclaim for the Maha Kumbh with Yadav’s condemnation, portraying it as a symptom of the Samajwadi Party’s alleged long-standing opposition to significant religious symbols such as the Ram Mandir and Kashi Vishwanath Temple.

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The political atmosphere in Uttar Pradesh sizzled as Chief Minister Yogi Adityanath launched a blistering attack on Samajwadi Party leader Akhilesh Yadav, accusing him of disrespecting the Maha Kumbh and the religious sentiments of the Indian people. This sharp rebuke, delivered during a public rally in Milkipur ahead of crucial by-elections, followed Yadav’s criticism of the state government holding a cabinet meeting at the Kumbh Mela site.

Adityanath juxtaposed the global acclaim for the Maha Kumbh with Yadav’s condemnation, portraying it as a symptom of the Samajwadi Party’s alleged long-standing opposition to significant religious symbols such as the Ram Mandir and Kashi Vishwanath Temple.

He further escalated his attack, painting the Samajwadi Party as being mired in internal property disputes and insinuating connections to criminal elements, thereby attempting to discredit Yadav’s criticisms as coming from a morally compromised position.

Yadav’s initial criticism focused on the perceived impropriety of holding a cabinet meeting within the sacred space of the Kumbh Mela. He argued that the government was inappropriately using a religious event for political purposes, a charge that Adityanath vehemently rejected.

The Uttar Pradesh cabinet meeting itself was significant. All 54 ministers attended, approving numerous development schemes designed to boost Prayagraj and the surrounding region.

A key announcement involved extending the Ganga Expressway, a crucial infrastructure project designed to connect Prayagraj, Mirzapur, Bhadohi, Kashi, Chandauli, and ultimately, the Purvanchal Expressway in Ghazipur. This ambitious project, Adityanath claimed, would significantly contribute to sustainable development in the region.

Logistical adjustments were made to minimize disruption to the Kumbh Mela pilgrims. The cabinet meeting’s venue was shifted from the Mela Authority Auditorium to the Triveni Sankul in Arail to avoid inconveniencing devotees and managing the security arrangements for the VIP attendees.

The day concluded with Adityanath and his entire cabinet participating in the Kumbh Mela’s sacred rituals, taking a ceremonial dip in the Triveni Sangam. This highly publicized event, mirroring a similar participation in 2019, served as a powerful visual counterpoint to Yadav’s earlier criticism. The event simultaneously showcased the government’s commitment to religious traditions while promoting its developmental agenda.

The clash between Adityanath and Yadav underscores the deep political divisions and the strategic use of religious symbolism in Uttar Pradesh’s political landscape. The Maha Kumbh, a significant religious event, became a battleground for political point-scoring, highlighting the complex interplay between religion and politics in the state.

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Delhi Assembly elections: BJP promises free education and student aid, AAP raises concerns

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Arvind Kejriwal addressing media after writing to RSS chief Mohan Bhagwat on BJP’s alleged electoral misconduct

As Delhi gears up for the upcoming assembly elections on February 5, the Bharatiya Janata Party (BJP) released the second installment of its election manifesto, promising comprehensive solutions to citizen issues and tackling misgovernance and corruption allegations against the incumbent Aam Aadmi Party (AAP).

The manifesto, dubbed ‘sankalp patra,’ includes significant pledges such as free education from pre-school to postgraduate levels for needy students at government institutions, and a financial package comprising Rs 15,000 and travel reimbursements for young individuals taking entrance exams. Scheduled Caste students enrolled in technical and professional courses are also promised a monthly stipend of Rs 1,000.

Building on their first manifesto which targeted women voters, the BJP’s latest promises focus on the youth, with over 1.5 lakh set to benefit from a new skills training program. This release follows criticisms by AAP of the BJP’s approach, especially after the tragic incident last July where three civil service aspirants lost their lives due to flooding.

Anurag Thakur, former Union Minister, emphasized the ‘Modi ki guarantee’ assurance, stating these initiatives would be implemented swiftly if the BJP is elected. The manifesto also includes welfare measures for domestic workers and insurance schemes for auto-rickshaw and taxi drivers, who have traditionally been a strong support base for AAP.

In response, AAP leader Arvind Kejriwal critiqued the BJP’s plans, particularly highlighting a clause that, according to him, would limit free education to only “eligible” children, deviating from AAP’s policy of universal free education. Kejriwal also recalled BJP’s earlier statement on discontinuing free healthcare, framing these promises as a threat to the financial stability of Delhi’s households.

The AAP’s counter-campaign warns voters that electing BJP could lead to increased living costs and bureaucratic hurdles in accessing education and healthcare, urging the electorate to consider these factors carefully. With the election results due on February 8, both parties continue to vie for public favor through promises aimed at key demographics.

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Uttarakhand State cabinet approves uniform civil code manual, dates for rollout soon

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Pushkar Singh Dhami

In a significant step toward legal reform, the Uttarakhand Cabinet, led by Chief Minister Pushkar Singh Dhami, has approved the manual for the implementation of the Uniform Civil Code (UCC). The approval came during a Cabinet meeting held at the state secretariat on Monday. The dates for the rollout of the UCC will be announced soon.

This decision follows partial amendments made to the rules previously drafted for the UCC’s implementation. The amendments were thoroughly examined and finalised with input from the Law Department, with the Cabinet’s discussion focusing on the smooth execution of the law.

Post-meeting, Chief Minister Dhami expressed his satisfaction with the progress, underlining the government’s commitment to fulfilling a key electoral promise. “We had assured the people of Uttarakhand during the 2022 elections that the UCC would be implemented promptly once our government came to power. With the draft committee’s work complete, we are now closer to fulfilling that promise,” Dhami stated.

Uttarakhand’s implementation of the UCC will make it the first state in India to adopt a comprehensive civil law framework for all religious communities. The UCC aims to standardize laws in areas such as marriage, divorce, inheritance, adoption, and maintenance. While India already has a Uniform Criminal Code, a unified civil law has not existed until now.

The UCC will explicitly exclude tribal communities and prohibit practices such as ‘halala’, ‘iddat’, and ‘talaq’, which are part of Muslim Personal Law. The law itself consists of 392 sections and is divided into seven schedules. The comprehensive 750-page draft, which spans four volumes, was prepared by a five-member expert committee formed in June 2022 to examine the feasibility of introducing the UCC in Uttarakhand.

Led by Retired Justice Ranjana Prakash Desai, the committee submitted the final draft to the state government on February 2, 2024. The draft received approval from the state Cabinet on February 4, followed by ratification by the state Assembly during a special session. Governor Lt. Gen Gurmit Singh (Retd) gave the green light on February 28, marking the UCC’s passage into law, a move hailed as a historic milestone in Indian legal history.

While the implementation dates are yet to be finalized, the Cabinet’s approval signals that Uttarakhand is poised to set a significant legal precedent in India.

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