CBI’s anti-corruption arm in Kolkata has not filed a single case in nearly two years.
New Delhi:
After the West Bengal government in November 2018 revoked the “blanket consent” given to the IWC to take cases against central government personnel, the investigating agency had to obtain permission from the state government to bring cases against them in the state governed by the Trinamool Congress. .
Since the day the general consent was revoked, the anti-corruption branch of the IWC in Kolkata has not filed a single case in almost two years, apart from those ordered by the higher court or the Supreme Court, for lack of consent from the government of West Bengal.
However, on September 21, the CBI’s anti-corruption branch in Kolkata filed two cases: one against Professor Sushanta Duttagupta for alleged financial irregularities during his tenure as Vice Chancellor of Visva Bharati University between 2011 and 2016, and the other against Satish Kumar, Border Commander of the Security Forces and others accused of aiding the smuggling of cattle along the Indo-Bangladesh border
Both cases have been converted from preliminary investigations into First Information Reports or FIRs.
The initial investigation against Sushanta Duttagupta began in July 2018 and the investigation against Satish Kumar began in April of the same year. In both cases, the investigations started before the West Bengal government revoked the general consent given to the Central Bureau of Investigation or CBI.
“Although the PE (Preliminary Investigation) in both cases was registered two years ago and the investigation showed a prima facie crime, it could not be converted into regular cases (FIR) for lack of consent from the West Bengal government. Now relying on the recent order approved by the Calcutta High Court, we have registered FIRs in these two cases without the consent of the state government, “a person with direct knowledge of the matter at the CBI, who asked not to be identified, told NDTV.
The Calcutta High Court order in a corruption case involving a central government employee was an opportunity for the investigating agency to go ahead with filing cases in West Bengal against central government employees, even without the consent of the central government. state government.
The higher court, after noting that the state government had revoked general consent, had said: “This court, therefore, is of the opinion that the power of the central government / CBI to investigate and prosecute its own officials cannot be impeded from no way. or interfered with by the state even if the crimes were committed within the territory of the state. “
In effect, this allowed the CBI to bring a case against central government employees even without permission from the state government.
As to date, states such as Rajasthan, Mizoram, and West Bengal have revoked the general consent given to CBI, but this ruling by the Calcutta High Court has rendered the state governments’ measure ineffective as the CBI, citing this judgment, you can file cases even without permission from state governments.
“This ruling from the Calcutta High Court has converted Section 6 of the DSPE Act, which requires the consent of the state government to register cases as null and void. Although it is a shot in the arm for CBI as states governed by the opposition are revoking the general consent granted to them and having the agency write to them asking for permission each time to register a case, this ruling goes against the concept of federalism. Based on this ruling, the IWC will begin to register cases in the jurisdiction territorial status of a state even without the consent of the state government even though law and order are a state issue, “a senior police officer told NDTV, asking not to be named. It is surprising that the state government has not appealed against this ruling, the official added.
NDTV has reached out to the West Bengal government for comment.
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