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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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Abhishek Banerjee says will not bow to BJP after nearly 11 hours of ED questioning

After spending nearly 11 hours before the Enforcement Directorate, TMC leader Abhishek Banerjee said he would not bow to the BJP and accused the ruling party of using investigative agencies for political purposes.

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Abhishek Banerjee

Trinamool Congress leader and Diamond Harbour MP Abhishek Banerjee on Tuesday said he would not bow to the BJP after spending nearly 11 hours being questioned by the Enforcement Directorate (ED) in connection with an ongoing investigation.

Speaking after the questioning, Banerjee alleged that central agencies were being used to target opposition leaders and asserted that he would continue his political fight despite what he described as sustained pressure.

The TMC leader has repeatedly maintained that investigations involving him are politically motivated, a charge he has made on several previous occasions while appearing before central agencies.

His appearance before the ED comes amid a period of heightened political activity and multiple investigations involving leaders in West Bengal. Recent days have also seen Banerjee face summons and questioning in separate matters by state investigative agencies.

After leaving the ED office, Banerjee reiterated that he would not be intimidated and said he remained committed to his political responsibilities. He also accused the BJP of attempting to weaken opposition parties through investigative action, an allegation that the BJP has rejected in the past.

The Enforcement Directorate has not publicly commented on Banerjee’s remarks. The investigation related to the questioning remains ongoing.

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DMK attacks Rahul Gandhi, accuses him of weakening opposition unity

DMK has intensified its criticism of Rahul Gandhi, alleging that the Congress leader’s actions have weakened opposition unity and strained relations within the INDIA bloc.

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Rahul-Gandhi

The war of words between the DMK and Congress has intensified, with the DMK launching a strong attack on Leader of Opposition Rahul Gandhi and accusing him of contributing to divisions within the opposition alliance. The criticism comes amid strained ties between the two parties following their political split in Tamil Nadu.

According to the DMK, Rahul Gandhi’s political approach has weakened unity among opposition parties. The party’s IT wing mocked the Congress leader on social media, while an editorial published in the DMK’s official mouthpiece Murasoli questioned his recent remarks on opposition solidarity.

DMK questions Rahul Gandhi’s remarks on opposition unity

In its editorial, Murasoli argued that Rahul Gandhi was speaking about opposition unity despite, according to the DMK, contributing to disagreements among alliance partners in several states. The publication cited criticism directed at Congress by various opposition parties and suggested that the party’s actions had often created tensions within the INDIA bloc.

The editorial also referred to past political disputes involving Congress and Left parties, particularly in Kerala, claiming such episodes had raised concerns among opposition allies about Congress’s approach toward its partners.

Tamil Nadu political fallout adds to tensions

The attack comes after a major political realignment in Tamil Nadu. Following the 2026 Assembly elections, Congress ended its alliance with the DMK and joined the government led by Vijay’s Tamilaga Vettri Kazhagam (TVK). The move left the DMK in the opposition and significantly altered the political equation between the two former allies.

The DMK has alleged that Congress benefited from the alliance during the election and later abandoned its partner. The party’s editorial questioned whether assurances from Congress leadership would be trusted by alliance partners after the developments in Tamil Nadu.

Congress rejects allegations

Congress has not issued a detailed official response to the editorial, but party sources have rejected the allegations. According to the party, its decisions in Tamil Nadu were made in line with the mandate delivered by voters and were not intended to undermine either the DMK or the broader opposition alliance.

The latest exchange highlights growing strains between two key opposition parties even as leaders continue to stress cooperation on national issues. Just days earlier, Rahul Gandhi had said that the DMK remained aligned with the opposition on defending the “idea of India” despite political differences.

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Congress, SP send mixed signals on AIMIM’s role ahead of 2027 Uttar Pradesh polls

Congress and Samajwadi Party leaders have responded differently to questions about AIMIM’s role ahead of the 2027 Uttar Pradesh Assembly elections, highlighting ongoing discussions over opposition strategy.

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Differing responses from Congress and Samajwadi Party leaders have highlighted varying approaches within the Opposition camp regarding the possible role of the All India Majlis-e-Ittehadul Muslimeen (AIMIM) in the run-up to the 2027 Uttar Pradesh Assembly elections.

The discussion gained momentum after AIMIM chief Asaduddin Owaisi launched his party’s campaign preparations for the 2027 elections from Bahraich and reiterated that his party is open to alliances, provided it is treated with respect and as an equal partner.

Different responses from Congress and SP

Reacting to questions about a possible understanding with AIMIM, Congress leader Imran Masood said any decision on alliances would be taken by the party leadership. He also stressed that there could be no compromise with communalism.

On the other hand, Samajwadi Party leader Ram Gopal Yadav adopted a more accommodating tone, stating that anyone capable of defeating the BJP would be welcome. His remarks were viewed as leaving the door open to broader anti-BJP political cooperation.

The differing responses have drawn attention as Opposition parties continue to assess their electoral strategies ahead of the 2027 Uttar Pradesh Assembly elections.

AIMIM steps up preparations

AIMIM has begun expanding its campaign activity in Uttar Pradesh, with Owaisi launching the party’s preparations from Bahraich. The Hyderabad MP has indicated that AIMIM is willing to consider alliances but has maintained that any partnership must be based on mutual respect and equality.

The party is also working to strengthen its organisational presence in the state as it seeks a larger role in Uttar Pradesh politics ahead of the next Assembly election.

No formal alliance announced

Despite the ongoing discussion, no formal alliance or seat-sharing arrangement involving AIMIM and major Opposition parties has been announced so far.

With more than a year remaining before the 2027 Uttar Pradesh Assembly elections, political equations are expected to evolve as parties finalise their strategies and alliance plans.

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