The Hindu: Chandigarh: Wednesday, August 02, 2017.
Though the
CBI is ''officially'' empowered to investigate complaints of corruption against
Central government employees in any State, the Haryana government’s Home
department, in a response to an application filed under the Right To Information
(RTI) Act, has denied that it has given permission to the CBI for undertaking
such investigation.
This goes
against the State government's notification (a copy of which is with The
Hindu), released on March 7, 1995, which makes it clear that it has given
general consent to all members of the Delhi Special Police Establishment, which
includes the CBI.
In a reply on
July 7, 2017 to the application filed by Advocate Hemant Kumar, Haryana’s Home
Department said the government had not given such ''general consent'' to the
CBI. However, such consent is given to the CBI in particular cases, it added.
The
notification reads “in pursuance of the provisions of section 6 of the Delhi
Special Police Establishment Act, 1946 (Act No. 25 of 1946), the Governor of
Haryana is pleased to accord consent to extend the powers and jurisdictions of
all members of Delhi Special Police Establishment to make investigations in
respect of the offences against the officials of the Central government,
departments and other central institutions, located in the territory of
Haryana, which include offences under the Prevention of Corruption Act, 1988
and an attempt, abatement or conspiracy in respect of or in relation to one or
more of the above mentioned offences and any other offence or offences arising
out of similar facts, committed during the course of same transaction.”
It's
pertinent to note that the CBI derives its legal powers to investigate crime
from the Delhi Special Police Establishment Act, 1946.
Mr. Kumar, in
his application, stated that most States have given, what is called a 'general
consent', to the central government for investigation of complaints of
corruption against Central staff.
This means
that CBI need not require prior consent in each case and it can go ahead with
investigation into complaints as and when received without referring them to
the State for consent. In this backdrop, Mr. Kumar asked that if Haryana had
indeed given such ''general consent'' to the CBI, then in which month and year
it was done.
“I'm
surprised by the Haryana Home department's reply. It seems either they are not
in possession of the relevant official documents or else they do not want to
provide the same,” said Mr. Kumar, a practicing lawyer in the Punjab and
Haryana High Court.
Haryana
secretary (Home 1), Nitin Kumar Yadav, told The Hindu, “There is a provision
under which the CBI is required to seek permission and the State government
always cooperates with investigation agencies for fair investigation.”
The CBI,
however, dismissed the argument that it requires prior consent or permission of
the State government for an investigation against Central government employees.
“In Haryana,
the CBI can undertake investigation against employees of the Central government
and no prior consent is required. Such consent is required only if the CBI
intends to take up investigation against the public servants under the control
of the State government,” said CBI spokesperson R.K. Gaur.
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