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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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After Haryana disappointment, Congress surprised by Samajwadi Party by-election snub

The Congress sought five of ten seats in the by-election, which the Samajwadi Party declined, pointing out to the parties respective performance in the 2024 Lok Sabha elections.

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After Haryana disappointment, Congress surprised by Samajwadi Party by-election snub

In yet another major jolt to Congress after the Haryana Assembly election injury, Akhilesh Yadav led Samajwadi Party in Uttar Pradesh, denied the grand old party’s seat-sharing request for the by-election to 10 Assembly seats. The Samajwadi Party is a key member of the INDIA bloc.  

The Congress sought five of ten seats in the by-election, which the Samajwadi Party declined, noting parties respective performance in the 2024 Lok Sabha elections. The Samajwadi Party announced candidates for six of the 10 Uttar Pradesh assembly seats where by-polls are due later this year. The Election Commission is yet to declare the date. 

Akhilesh Yadav led party has fielded Tej Pratap Yadav from Karhal, Naseem Solanki from the Sisamu seat, Mustafa Siddiqui from Phulpur (Prayagraj), and Ajit Prasad from Milkipur (Ayodhya), according to the party’s list issued on social media platform X. Shobhawai Verma and Jyodi Bind have been given party tickets from Katehari and Majhwan seats.

Reacting to the same, Samajwadi Party leader Ravidas Mehrotra slammed Congress, stating that they did not give a single seat to them in the Haryana election, but gave the entire state to BJP. He added that if Congress had an alliance with Samajwadi Party and Aam Aadmi Party (AAP), then the INDIA bloc would have been in power in the state. He asserted that they want to defeat BJP in the Uttar by-election, hence they have announced the list of 6 candidates. However, he clarified that his party is hopeful to form an alliance with Congress in the remaining 4 seats. 

Expressing surprise over the sudden announcement by Samajwadi Party, UP Congress in-charge Avinash Pandey said that no information was given to them on this. He added that there has been no discussion with the coordination committee of the INDIA bloc yet. He mentioned that as far as the announcement of seats and contesting elections is concerned, whatever decision the Coordination Committee of INDIA alliance takes, it will be accepted by the Uttar Pradesh Congress Committee. He remarked that possibilities of alliance always remain till the end. 

Meanwhile, the BJP in its third consecutive victory in Haryana, achieved its best performance, winning 48 seats, 11 more than the Congress.

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Uddhav Thackeray takes a swipe at rebels, says no place for traitors in Shiv Sena (UBT) after elections

In a further swipe at the Shinde government, the former Chief Minister also said his party, after coming to power, will take account of the loot of state resources.

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Shiv Sena (UBT) chief Uddhav Thackeray on Saturday took a swipe at rebels and said no traitors will be given entry into the party after they turn jobless in one-and-half months after the Maharashtra Assembly elections likely to be held in November.

Chief Minister Eknath Shinde led a rebellion against Thackeray in June 2022, resulting in a split in Shiv Sena and causing the Maha Vikas Aghadi government to fall. Since then, Thackeray and the Shiv Sena (UBT) have routinely referred to Shinde and his band of rebels as traitors.

Addressing a job fair organised by his party, Thackeray claimed the people of the state will show the BJP and the Eknath Shinde-led Shiv Sena its place in the Assembly polls. “After one-and-half months, these traitors (MLAs, MPs who rebelled against the party) will come to us for jobs because they will be jobless. I am not going to give a job to any traitor after the polls,” Thackeray said.

“There was no employment for the Marathi community in Mumbai. Then Balasaheb founded Shiv Sena. He used to say that you should be a job giver and not a job taker. Today I say one more thing all the traitors will not be given any employment in our government,” Thackeray said.

In a further swipe at the Shinde government, the former Chief Minister also said his party, after coming to power, will take account of the loot of state resources.

In light of Prime Minister Narendra Modi’s visit to Maharashtra, Thackeray stated that whenever the former lays the foundation stone of a project, it never gets completed. Thackeray also claimed that no major projects have started in Maharashtra since his government was toppled in 2022 due to instability in the state.

Thackeray also took a swipe at his former ally, stating, “Our Hindutva is the one that helps burn the cooking gas, while the BJP’s Hindutva is the one that burns down the house.”

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National Conference president Farooq Abdullah rules out post election alliance with BJP

The NC had on Friday clarified that it was not in touch with any political party other than INDIA bloc constituents for government formation in Jammu and Kashmir.

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National Conference president Farooq Abdullah rules out post election alliance with BJP

Farooq Abdullah, National Conference (NC) president on Saturday asserted that his party would not forge a post-election alliance with the BJP for government formation in Jammu and Kashmir.

The NC president said that they cannot go with the BJP because the vote which they have got is the vote against the BJP. He stated that BJP put the Muslims in difficulties, bulldozed their shops, houses, mosques and schools.

Farooq Abdullah further said that the BJP did not give mandate to even a single Muslim in the Parliamentary election nor is there a single Muslim minister in the Union Cabinet. He added that he thinks that the people of the Union Territory will not vote for the BJP, adding that if BJP think they will form the government, then they live in cuckoo’s world. The NC had on Friday clarified that it was not in touch with any political party other than INDIA bloc constituents for government formation in Jammu and Kashmir.

The party’s clarification followed amid speculation that it was engaged in backchannel deliberations with the BJP for government formation. When asked if Baramulla MP Engineer Rashid, who is on bail, was a factor in the assembly polls, Farooq Abdullah said he does not see any factor. The former Union Minister said that whoever stands with the BJP will be finished. 

Speaking about the chief minister candidate, the NC president said it will be decided after the results are announced. He stated that even if a political party has a full majority, they cannot say who is going to be what, what is going to happen. He added that they will wait till all the boxes are open and votes are counted. On the Haryana Assembly elections, Abdullah said the Congress will win with a majority there, adding that he has seen what people have suffered.

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