Tamil Nadu Joins Opposition-Ruled States in Withdrawing General Consent for CBI Investigation
Chennai: Tamil Nadu today joined the ranks of opposition-ruled states that have withdrawn a general consent for investigation that the Central Bureau of Investigation (CBI) enjoys. The central agency will now have to take the state government’s permission to undertake an investigation in the state and against its residents.
Arrest of Minister Triggers State Government’s Response
The DMK government’s move came hours after its minister V Senthil Balaji, was arrested by the Enforcement Directorate (ED) in a money laundering case. The government had taken strong offense to the ED’s move to search the home and office of the power minister, terming it “an assault on federalism,” as Chief Minister MK Stalin described it.
Allegations of Breaching Confidential Files and Staging Drama
In a statement earlier today, Chief Minister MK Stalin expressed his concerns over the events surrounding the arrest by stating, “In a needless way they (ED) have breached into the Secretariat that has the state’s security related confidential files and have staged a drama entering the Minister’s office.
“They wanted to show that they would raid even entering the secretariat.” Thus denouncing the actions carried out during the arrest.
Misuse of Central Agencies Precaution Prompted States’ Withdrawal of Consent
The move by the Tamil Nadu government adds the state to a list of nine others that have taken this stance, believing it to be a precaution against the potential misuse of Central agencies. The other states include Chhattisgarh, Jharkhand, Kerala, Meghalaya, Mizoram, Punjab, Rajasthan, Telangana, and West Bengal.
Historically, under the Delhi Special Police Establishment Act 1946, prior permission of the state has been mandatory for CBI investigations. However, some exceptions were made in 1989 and 1992 for certain categories of cases, resulting in a review of this authorization precisely within these states.
No Disruption to Enforcement Directorate or National Investigation Agency Investigations
While the withdrawal of consent by the Tamil Nadu government impacts CBI investigations, it does not extend to the ongoing operations carried out by the Enforcement Directorate or the National Investigation Agency (NIA).
Punjab’s Lead Sets the Precedent
Tamil Nadu becomes the latest state to pull the plug on the CBI after Punjab led the way. In November 2020, the Congress government led by Amarinder Singh withdrew the general consent extended to the CBI for conducting investigations in that state. Similarly, prior moves by Jharkhand (where the Congress is part of the ruling alliance) have further demonstrated an emerging trend amidst headwinds faced by opposition parties concerning top investigative agencies.
