Is Jagan inching closer to the NDA by adopting a conciliatory approach?

Andhra Pradesh Chief Minister YS Jagan Mohan Reddy has sent a conciliatory signal to the Centre by restoring ‘general consent’ to the CBI.

Though an official order to this effect is yet to be issued, the ruling YSR Congress Party sources have confirmed the move. The YSRCP spokesman and Rajya Sabha member Vijayasai Reddy tweeted, “Chandrababu banned CBI, he prevented the IT raids, he questioned the ED. Now, Jagan has issued orders allowing the CBI into the state. CM made it clear that thieves will not be spared. Look out Chandrababu!”

The previous Telugu Desam Party (TDP) government had withdrawn the consent to CBI in November last year at the height of a bitter showdown between Chandrababu Naidu and the BJP leadership. Soon after, the West Bengal Chief Minister Mamata Banerjee followed the suit and issued a similar order to prevent the central investigating agency from conducting raids in her state.

Aggressive pursuit

By reversing his predecessor’s order, Jagan wants to send a message to the central BJP leadership that his government is willing to cooperate with the Centre and adopt a more conciliatory approach.

Moreover, this will also mean that an aggressive pursuit may be on the cards, targeting high-profile businessmen affiliated to the TDP. While withdrawing the consent to the CBI, the then TDP government had alleged that the NDA was using the central agencies as tools to harass the opposition leaders and their governments.

Senior TDP leaders like Sujana Choudhary, CM Ramesh, Narayana and R Sambasiva Rao, who have business interests in multiple sectors, could now come under scanner of the central agencies.

After Naidu’s TDP walked out of the NDA in March last year over denial of special category status to the AP, a bitter war of words had broken out between the TDP and BJP. It was followed by a series of raids by the CBI, Enforcement Directorate and Income Tax Department on big industrialists in the state affiliated to the ruling party.

While the TDP had dubbed the raids as political vindictiveness, the YSRCP made it a poll campaign issue, saying that Naidu withdrew consent to the CBI to prevent the central agency from probing the allegations of corruption against him and those in his government.

The withdrawal of general consent means that the CBI will have to approach the state government, seeking its permission before entering the State for investigation on a case-by-case basis.

The CBI functions under the Delhi Special Police Establishment Act. It needs states’ permission to conduct raids and take up investigations in state establishments and personnel. The state governments routinely renew the permission and there was never a controversy over it in Andhra Pradesh or Telangana in the past.

The then Home Secretary of AP AR Anuradha had issued orders on November 8 to halt the probes, invoking Section 6 of the Delhi Special Police Establishment Act 1946, under which the Central Bureau of Investigation was created. Under this act, the CBI can probe corruption cases pertaining to central institutions and funds. It can enter any Indian state with the consent of the respective state government that is extended through a formal notification annually.

Grey area

Unlike the National Investigation Agency (NIA) which is governed by its own NIA Act and has jurisdiction all over the country, the CBI is governed by the Delhi Special Police Establishment Act. This makes consent of a state government mandatory for conducting investigation in that state. The consent can be case-specific or general.

Given that the CBI has jurisdiction only over central government departments and employees, it can investigate a case involving state government employees or a violent crime in a given state only after that state government gives its consent.

General consent is routinely given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state. Almost all states have given such consent. The withdrawal of consent means that CBI officers will lose all powers of a police officer once they enter the state. However, the CBI can still have the power to investigate old cases registered when general consent existed. Also, the cases registered anywhere else in the country but involving people stationed in the states which have withdrawn the consent. It can also get a search warrant from a local court and conduct searches in the state.