Opinions

Rise up to defend democracy, constitutional law, federalism in Bengal! Say no to Modi autocracy!

Atal Behari Vajpayee, BJP's first Prime Minister, was very upfront on Centre-State relations. He was against New Delhi rough shodding States with the means at its disposable, especially without the consent of the State. 

What has happened in Bengal is definitely a coup. Last September, fed-up with Modi in New Delhi, sending ED, CBI and other agencies in cases of political vendetta, Chandra Babu Naidu banned the entry of CBI without prior information in Andhra Pradesh. Mamta Bannerjee too had followed suit, banning CBI intervention in Bengal without approval. 
 
What does the law say on this aspect? 
 
Section 5 of the DSPE Act, which governs the CBI, is clear that the jurisdiction of the Special Police (read CBI) extends to the entire country. 
 
But the next, Section 6 of the same DSPE Act, states categorically that "Noting contained in section 5 shall be deemed to enable any member jof the Delhi Special Police Establishment to exercise powers and jurisdiction in any area... without the consent of the Government of that State (emphasis added)..."
 
It was on this basis that a "confidential order withdrawing (emphasis added) CBI's free pass in Andhra Pradesh was issued on November 8, three months after the state government allowed the CBI to exercise its powers and jurisdiction in the state..." 
 
Allegations were specific. A spokesperson of Chandrababu Naidu's Telugu Desam Party, Lanka Dinakar, told ANI, "This decision has been taken in the wake of incidents happening in CBI since last six months. It lost its independence due to the involvement of the Narendra Modi-led union government which is using CBI as a tool against political opponents using fabricated statements (emphasis added)."
 
Concerned parties went to Court. On October 11, 2018, the issue had came up before the Delhi High Court. CBI challenged the need for prior sanction from the Chhattisgarh government to investigate an offence in the state.
 
The Delhi High Court ruled that CBI need not seek the state’s consent, except when the case is registered in that state (emphasis added).
 
As things stand, the Court is clear that if the case investigated by CBI is registered in the state from here the prospective offenders hail, the CBI will have to need the State's consent. 
 
Its all there in black and white. Where is the confusion? FIRs in the Saradha Ponzi scheme are registered in West Bengal. So, if the CBI wanted to question Rajeev Kumar, the Kolakata Police Commissioner, the central agency should have asked for the permission of the State Government. 
 
Bengal is a sensitive state. Since 2014-2015, BJP has been trying to initiate riots, subversion, violence in the State. 
 
BJP is desparate about getting maximum seats in Bengal. BJP led communal forces killed the son of a Maulana in Asansol. In an exemplary act of farsighted courage, the Maulana forbade revenge and saved Bengal. Amit Shah's Rath Yatra, any such movement in Bengal, is a direct invitation to disturbance, chaos and anarchy. 
 
The Bengal Govt should dig in its heels about disallowing interrogation of Rajeev Kumar without the approval of the State Govt. Modi wants to effect a coup in Bengal to test the possibility of placing India under emergency, effecting other coups all over the country, and prepare for a fascist response to his defeat in 2019. 
 

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