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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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Amit Shah praises Dharmendra Pradhan’s resignation, says Nation above post

Amit Shah hailed Dharmendra Pradhan’s resignation as Union Education Minister, saying BJP places the nation and students above any position while highlighting the government’s commitment to examination reforms.

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Amit Shah

Union Home Minister Amit Shah on Saturday praised Dharmendra Pradhan’s decision to step down as Union Education Minister, saying the move reflected the Bharatiya Janata Party’s commitment to placing the nation and students above any political position.

In a post on X, Shah said that for BJP workers, the country, its youth and students are more important than any office. He described Pradhan’s resignation as an example of the party’s guiding principle of prioritising national interest over personal ambition.

Shah highlights government’s focus on exam reforms

Amit Shah said the Narendra Modi-led government respects the sentiments of students and remains committed to strengthening the examination system following concerns over alleged paper leaks.

He said the Centre has introduced strict measures to ensure severe punishment for those involved in examination paper leaks and expressed confidence that these steps would deliver justice to students who cleared the National Eligibility-cum-Entrance Test (NEET).

Praises Pradhan’s work as Education Minister

Recalling Dharmendra Pradhan’s tenure, Shah highlighted several initiatives undertaken during his time in the Education Ministry. He credited Pradhan with helping implement the National Education Policy (NEP), expanding PM SHRI schools, promoting digital education, strengthening skill development and improving coordination between industry and academic institutions.

Shah also said Pradhan worked towards making examinations more inclusive and student-centric, adding that his tenure reflected his commitment to the vision of a developed India.

Resignation follows NEET controversy

Dharmendra Pradhan’s resignation comes amid nationwide protests over alleged irregularities in the NEET examination and growing demands for accountability.

The resignation has triggered political reactions across party lines. While opposition parties have described the development as a result of sustained student protests, BJP leaders have projected it as an example of accountability and commitment to national interest.

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Centre ready for NEET debate in Parliament, Rahul Gandhi’s paper leak claims to be investigated: JP Nadda

Union Health Minister JP Nadda said the government is prepared for a detailed Parliament debate on the NEET paper leak issue and will investigate Rahul Gandhi’s allegations of multiple paper leaks over the last decade.

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JP-Nadda

The Centre has reiterated its willingness to hold a detailed discussion on the NEET paper leak issue in Parliament, with Union Health Minister JP Nadda saying the government is prepared for a debate of any duration. He also said Leader of the Opposition Rahul Gandhi’s allegations of around 152 examination paper leaks over the past 10 years would be investigated.

Government open to debate of any duration

Speaking to the media on Wednesday, JP Nadda said the government has consistently supported a discussion on the paper leak issue in Parliament. He stated that the Opposition could decide the duration of the debate through the Business Advisory Committee, whether it is a short discussion or one extending to 12 or even 18 hours.

Nadda, who is also the Leader of the House in the Rajya Sabha, said the government remains fully prepared for a comprehensive discussion and urged the Opposition not to shift its position on the issue.

Rahul Gandhi’s paper leak allegations to be examined

Responding to Rahul Gandhi’s recent presentation, Nadda said the Congress leader referred to nearly 150 paper leak incidents over the last decade. He described those claims as a matter that requires investigation and said the government would examine the allegations before presenting the facts to the public.

According to Nadda, a responsible government is committed to verifying such claims and ensuring that the truth is established through due investigation.

Calls for a united approach on NEET issue

Highlighting the significance of the matter, Nadda said the future of students should remain the top priority for both the government and the Opposition. He appealed to political parties to work together in finding a long-term solution to prevent examination irregularities.

He added that safeguarding the interests of students is a shared responsibility and called for constructive cooperation instead of political differences.

Nadda on meeting with CJP representatives

The Union Minister also spoke about his recent interaction with representatives of the Cockroach Janata Party (CJP). He said the meeting was held in a cordial atmosphere, during which the government listened to their concerns and asked them to submit their suggestions in writing.

Nadda said the government remains open to further discussions whenever required and clarified that no meeting with the group was held on Wednesday.

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Opposition demands Dharmendra Pradhan’s resignation before NEET discussion in Parliament

The Opposition has demanded Union Education Minister Dharmendra Pradhan’s resignation before any discussion on the NEET paper leak in Parliament, while the Centre says it is fully prepared for a debate.

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The political deadlock over the NEET paper leak issue continued in Parliament on Wednesday, with Opposition parties demanding the resignation of Union Education Minister Dharmendra Pradhan before any discussion takes place. The Centre, however, maintained that it is fully prepared to debate the matter during the ongoing Monsoon Session.

Leading the Opposition in the Rajya Sabha, Congress president Mallikarjun Kharge said there could be no fair discussion on the NEET issue unless Dharmendra Pradhan resigned from his post.

Centre rejects Opposition’s condition

Responding to the Opposition’s demand, Leader of the House JP Nadda said the government was not avoiding a discussion and remained open to debating all issues, including the alleged NEET paper leak.

He said the government had already made its position clear and described it as transparent, adding that it was willing to discuss every matter raised by the Opposition.

Parliamentary Affairs Minister Kiren Rijiju also reiterated that the Centre had been ready for discussions since the beginning of the Monsoon Session. He said the government had consistently conveyed its willingness to debate the NEET issue and other important matters.

Rijiju added that if the Opposition was looking for reasons to avoid a discussion, it would not be appropriate. According to him, the procedure and timing of the debate would be decided after consultations among all parties under the Chair’s guidance.

Opposition maintains resignation demand

The government also informed the House that its willingness to discuss the issue had been communicated to Congress leaders and representatives of other political parties.

Samajwadi Party chief Akhilesh Yadav echoed the Opposition’s stand, saying students were seeking the resignation of the Education Minister before any discussion. He asserted that the resignation should come first, followed by parliamentary debate on the issue.

Akhilesh Yadav also joined Rahul Gandhi and other Opposition MPs during a march towards the Prime Minister’s residence in New Delhi on Tuesday as part of the protest over the NEET controversy.

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