The Sena-NCP-Congress government order represents a clear escalation of tensions with the BJP-led government in New Delhi and is based, according to the state’s Public Works Minister Ashok Chavan, on an apprehension, as reported by this newspaper on Tuesday, that the IWC may attempt to interfere with the Mumbai police investigation into alleged manipulation of ratings by Republic TV and four other channels.
Few state governments have chosen to exercise the power to withdraw “general consent” to CBI to investigate cases within their geographic jurisdiction. Maharashtra is currently the fourth, in addition west bengal, Rajasthan and Chhattisgarh, all ruled by the opposition.
The IWC is governed by the Delhi Special Police Establishment Act 1946, which states that the consent of a state is mandatory to conduct an investigation in that state. The consent that the state had given to members of the Delhi Police Establishment on February 22, 1989 was withdrawn by its order on Wednesday.
The decision to block the CBI was made at a meeting chaired by CM Uddhav Thackeray and attended by Ashok Chavan, Chief Secretary Sanjay Kumar, CM Senior Advisor Ajoy Mehta and CM Additional Chief Secretary Ashish Kumar Singh.
Chavan told TOI that after deliberations, it was decided that the consent given to the CBI should be withdrawn with immediate effect in the broader interests of the state. “We talked about the ongoing investigation into the TRP scam. Fears were expressed that CBI might take over the investigation, so it was felt that the consent given to CBI in 1989 should be withdrawn. I have been told that Maharashtra is one of the few states that have withdrawn consent, ” Chavan said.
As a result, the CBI will not be able to unilaterally intervene to investigate the TRP scam, a senior government official said. TOI in its Tuesday edition had informed police officers in Mumbai saying, “They would not be surprised if CBI tried to take over your case on the grounds that the alleged TRP scam crosses state lines.”
“They said they would resist such a move. The coalition government has been at odds with the BJP-led government in the Center on a number of issues, and this could become the latest flash point, ”the report added. In a petition filed with the Bombay High Court on Monday, Republic TV had requested the transfer of the case from the Mumbai police to the CBI.
Chavan alleged that in the recent past, the NDA government had been seen to be “interfering too much in the day-to-day affairs of state governments, particularly states not governed by the BJP.” “It is not an acceptable situation, we are a democratically elected government and it is wrong to interfere,” he said.
The minister said it appeared to be the “political agenda” of the NDA government “to create problems for state governments not governed by the BJP.” “When the Mumbai police are doing the best job not only in the PRT but in all cases, why should we entrust the investigation to CBI? It is blatantly wrong to undermine the professional competence of the Mumbai police. I am sure that the investigation into the TRP scam will be brought to its logical end, “Chavan noted, adding:” Of course, we have no objections if the investigation is entrusted to the CBI following the directives of the HC or the Supreme Court “.
.
