Mumbai: The state government will withdraw the erstwhile Maharashtra Vikas Aghadi (MVA) regime’s decision to revoke the ‘general consent’ given to the Central Bureau of Investigation (CBI) to probe criminal cases in Maharashtra. The home department is working on a proposal, which will be tabled before the cabinet soon.
The MVA had in October 2020 withdrawn the general consent granted to the CBI under section 6 of the Delhi Special Police Establishment Act, 1946. The move had come on the heels of charges that the central investigation agencies were being weaponised by the union government to target opposition figures.
Apart from Maharashtra, eight non-BJP states — Punjab, West Bengal, Jharkhand, Kerala, Chhattisgarh, Rajasthan, Mizoram and Meghalaya — have withdrawn this general consent granted to the CBI since 2015. This withdrawal meant that the central investigating agency had to either seek specific permission from the state government or approach the courts to investigate any matter.
In March, the Rajya Sabha was informed that the CBI was unable to start investigations in 101 cases of banking fraud involving over ₹20,000 crore due to the want of consent by the Maharashtra government. “It (restoring the grant of general permission) is in the pipeline and will be brought before the appropriate authority (the state cabinet) soon,” said state government sources.
The official noted that several requests by the CBI seeking sanction to investigate cases related to fraud in the banking and financial services sector were pending before the state government.
Data tabled in the Rajya Sabha in July said that 91 requests by the CBI for probing government officials were pending with the MVA government in its last six months. As many as 221 requests seeking consent for investigations by the CBI were pending with six states, with Maharashtra at the highest (168) involving an amount of ₹29,000 crore.
“Now, the CBI has to either approach the state government or move the courts for an order. This does not serve the purpose as the parties concerned may be alerted and may destroy evidence that may otherwise nail them. The surprise element is lost. The results of a surprise raid do not match with the results of an organised raid,” the official explained.
In March, then home minister Dilip Walse-Patil told the state assembly that the state will give permission to the CBI to probe cases related to frauds worth ₹13,044 crore in nationalised banks. BJP leader Ashish Shelar said that the state government has been sitting on the permissions sought by the CBI to investigate 13 cases of financial fraud in nationalised banks like Bank of Baroda, State Bank of India, and Union Bank of India.
In July, the Eknath Shinde-Devendra Fadnavis government issued orders to shift the investigation into IPS officer Rashmi Shukla’s alleged breach of the Official Secrets Act from the Mumbai police to the CBI.
In March 2021, the Mumbai police cyber cell registered an FIR against unknown persons for leaking a classified report filed by Shukla with details of political connections and slush money being used to facilitate transfers and postings of senior police officers. Another case involving alleged extortion and criminal intimidation by BJP minister Girish Mahajan was also transferred to the CBI.
“Though the decision is political since the home department is with the BJP here now, the general consent would mean speedier probe in certain cases, especially about financial frauds,” said the above-mentioned official.