A notification, handed by Ashok Gehlot’s authorities, fixes a 30-year-old loophole
New Delhi:
Amid the political disaster in Rajasthan, the Congress authorities led by Ashok Gehlot has handed a notification making it not possible for the Central Bureau of Investigation to conduct any probe or raid within the state with out the approval of the state authorities.
The notification, dated July 19, covers all Central authorities staff working within the state. The state authorities staff are coated underneath an present rule which makes it vital for the CBI to get the consent of the High Court, Supreme Court or the state authorities earlier than investigating them.
Sunday’s notification mounted a 30-year-old loophole identified by the Supreme Court in 2006.
In 1990, the state had turned down the Centre’s request for a basic consent for CBI to conduct investigations towards Central authorities staff within the state.
The Supreme Court had identified that the state’s refusal was within the type of a letter as an alternative of a notification which doesn’t have any authorized footing.
Refusing basic consent by way of a letter doesn’t meet the necessities of Article 166 of the Constitution, which offers with the Conduct of Business of the Government of a State, the highest courtroom had mentioned.
A notification now makes the state of affairs water-tight, mentioned sources within the company.
As the CBI has been arrange underneath Delhi Police Special Establishment Act and legislation and order is a state topic, the company wants the consent of varied state governments to register and probe corruption circumstances of their territory.
“This notification is not a mere reiteration of the earlier stand of the Rajasthan government, but fixing a legal loophole,” sources in CBI advised NDTV.
“Now even if we get source-based information or complaint against any central government employee, the agency has to write to the state government and only if they give permission, we can register a case,” an official added.