BJP’s Mohan Yadav follows the path of Mamata, Stalin, Bhagwant Mann! What kind of ‘brake’ is this on CBI in Madhya Pradesh?

New Delhi : BJP seems to be facing a setback on the issue of permission of the states for CBI investigation in any case in the state. On the lines of the states ruled by opposition parties, the Madhya Pradesh government has also taken an important decision regarding the CBI investigation. The Madhya Pradesh government has said that the CBI will need written consent from the state before starting investigation in its jurisdiction. A notification was published in this regard on Tuesday. This order will be considered effective in the state from July 1.

Opposition party ruled states are protesting

West Bengal, Kerala, Punjab and Tamil Nadu are already opposing the central government for permission for CBI investigation. The matter of West Bengal and the central government had recently reached the Supreme Court. Now this decision of the Madhya Pradesh government has come. In Madhya Pradesh, CM Mohan Yadav’s government has not directly said to stop the jurisdiction of the CBI or the investigation of the case, but it has definitely put a ‘break’ on the written consent. With this, BJP-ruled Madhya Pradesh has joined the long list of states, most of which are ruled by opposition parties. These include Bengal, Tamil Nadu, Punjab, Kerala and Telangana. In these states, the CBI needs to take permission from the respective governments before investigating.

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What is Mohan Yadav’s government saying?

Home department sources said this was necessary to ensure compliance with the new legal framework following the implementation of the Indian Justice Code, one of the three new criminal laws passed by the central government, NDTV reported. The notification was important to comply with the changes, sources said. Similar notifications are expected to be passed by other BJP-ruled states, sources said. Notably, the CBI now needs written approval from the Madhya Pradesh administration to investigate private individuals, government officials or any entity within the state.

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What does the rule say?

According to Section 6 of the Delhi Special Police Establishment Act, the CBI is required to take consent from the state government to investigate within its jurisdiction. The Supreme Court has also cited several provisions of the Delhi Special Police Establishment (DSPE) Act, 1946 and said that the establishment, exercise of powers, extension of jurisdiction, control of DSPE, everything is with the Government of India. In such a situation, opposition parties have been accusing the central government of using the CBI with a vindictive spirit.

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West Bengal reached the Supreme Court

Earlier, the West Bengal government had filed an original suit in the Supreme Court against the Center under Article 131 of the Constitution. It alleged that the CBI was registering FIRs and investigating even though the state had withdrawn the consent given to the federal agency to investigate cases under its jurisdiction. The Bengal government had withdrawn the permission given to the CBI for investigation in 2018 itself.

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The center had expressed a sharp reaction

The states’ action of withdrawing permission to the CBI to investigate had been sharply reacted to in December last year. The central government had said that requiring the CBI to seek permission severely limited its powers to investigate cases. A parliamentary panel had said that there was a need to enact a law so that the agency could investigate cases without state ‘interference’. At the same time, the panel also opined that safeguards were needed to ensure fairness and impartiality in the functioning of the CBI so that states do not complain of discrimination.