What's the tussle all about? CBI V/S Mamta (Current Affairs)
Aspirants, this is the time where we are witnessing one of the worst situations in Indian history. This is the time when the nation's premier investigation agency CBI is on the stake. In this bitter game of politics, one such classic example is the ongoing case wherein even the top officials are involved. This becomes very important for every aspirant or as an individual of the nation to know how badly the institutions which were established for our own safety are in its worst times. Let us understand that what all had happened. So, just stick on to the post and enlighten yourself…
There was an ongoing case in the supreme court on May 2014, i.e., SUBRATA CHATTORAJ vs UNION OF INDIA CASE which is famously known as Sharda Chitfund case presently. A chit fund scam. This scam was primarily filed in WestBengal, but reportedly, as we all know that lakhs of people from other states also had invested in this group. Here, each of the investors had to uplift the loss since the group was collapsed eventually. It is believed that the fat amount of up to 10,000cr of public money had been scammed. As a result, the state government had to repay the fund to the public. Basically, this case was under the investigation of the supreme court but the case was relieved to the CBI for the further investigation.
In the year 2018, we had seen a lot of criticism in the CBI wherein many top officials were suspended as this controversy was unfolding. In the midst of the heptic, the state governments of Andhra Pradesh and West Bengal directed to withdraw the general consent as they sense the clear interference of the central government, who want to gain control over CBI.
Fact: Before the case was handled from the supreme court to CBI, this case was under the Special Investigation Team(SIT) in which, the then police commissioner of Kolkata Mr Rajeev Kumar(present DGP) was a member.
Now that the case was handled to the CBI in 2014, some of the evidence like call records, pen drives, etc., were hidden by the Kolkata police, placing the CBI in awe. This made the CBI eager to talk with Rajeev Kumar regarding the missing proofs. Amid many trials made by them, this couldn't be made possible since the state government had withdrawn the general consent.
Recently, 40 CBI official's tried to enter the commissioner's residence but were detained by the Kolkata police. This is literally so shocking to watch that how the CBI is being manhandled.
They even laid siege of the areas where the CBI officers and their families reside. This resulted in Mamata Banerjee going for the Dharna which was back supported by many other politicians. This directly reflects the image of the federal structure of the country.
WHAT IS GENERAL CONSENT?
There are a series of investigation agencies in the country which operate according to their rules and acts. For example, the NIA. Similarly, CBI is the institution, which was born and is governed through the Delhi Special Police Establishment Act. Basically, CBI will have to acquire the consent (approval) from the state government so as to investigate into the state matters. Every state in India had given the general consent to the CBI which means, CBI can investigate whenever and whatever it wants to.
There are two types of consent one which is mentioned above and the other is the special consent which is the present case where even if the WB and Andhra Pradesh had withdrawn the consent but the CBI can proceed with the state's permission.
This General consent can be withdrawn by a state following Section 6 of the Delhi Special Police Establishment Act 1946. In this situation, the freshly filed cases, i.e., after the withdrawal, cannot be investigated by the CBI. Leaving the old ones open for investigation as per the Kazi Lhendup Dorji vs CBI case.
In view of this fact, now there's a clear way for CBI to investigate the matter. BUT the questions which arise are that
- Why did it take so much time for the supreme court to sort out the matter?
- What is the reason for the DGP's reluctance in terms of co-operation?
Let's wait and watch the verdict. Let's hope for the best to happen and the miscreants are punished so that this remains as a benchmark decision for all the tricksters in the future who plan to cloud a dark weather on the federal system of the country.