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CBI's Attempted Arrest of Kolkata Police Commissioner Was an Attack on Federalism

Jaykay767

Well-known member
CBI's Attempted Arrest of Kolkata Police Commissioner Was an Attack on Federalism


India has no “federal crimes“, only a federal investigating agency. Its powers are subject to the state giving its consent to investigate a crime within its territory.

What began with an attack on the powers of the Delhi government to govern in accordance with the Constitution, has ended with an attack on the West Bengal government to govern in accordance with the Constitution. The NDA government at the Centre appears to think that the CBI has the right to destroy the federal character of the Constitution.

When convenient, we are told that law and order is a state problem, but when it is politically expedient to interfere with the functioning of a State, the CBI is ever-present in every state. While Justice Lodha once described the CBI as a “caged parrot,” he could not have imagined that the consequence of un-caging it would be to destroy the very federal structure of the Constitution.

Federal investigative agencies cannot investigate in a state’s territory without its authorisation

In the case of an interstate crime, the police of a particular state that wants custody of a person, has to requests the police of the other state to provide police assistance, and obtain a production warrant from the court where the crime is being investigated.
 

Jaykay767

Well-known member
My view - this is a shocking breakdown of the constitutional structures and the inability of the centre to work with institutions and states.

This is a colossal failure of governance and as I said earlier, it is total mismanagement by the close coterie of advisors.
 

Jaykay767

Well-known member
This is why a coalition govt is better than majority govts. The coalition compulsion restrains and acts as a check and balance on the vast govt powers.

I would even suggest that NO single political party should contest more than 100 seats, so that they don't weird such disproportionate power in government.

And all govts should be a coalition going forward. Remember, gridlock is always better than misguided, destructive policies !!
 

KRN

Active member
When senior advocate A M Singhvi, appearing for the West Bengal Police, was opposing the order, the bench, also comprising Justices Deepak Gupta and Sanjeev Khanna, asked “we do not understand why you are opposed to Kolkata Police commissioner’s appearance for questioning before CBI?”

The apex court, which on Monday had taken strong note of allegations of tampering with evidence in the Saradha scam by saying that "if the police commissioner is even remotely trying to destroy evidence, we will come down so heavily on him that he will regret", on Tuesday expressed confidence that he will "faithfully cooperate with the investigating agency at all times."

The bench also directed the West Bengal chief secretary, the director general of police (DGP) and the Kolkata Police Commissioner to file replies to the statements made in the contempt petition filed against them by the CBI on or before February 18.

It said on the consideration of their replies the court might prefer personal presence of these three officers on February 20.

 
What is wrong when an crime is investigated. As per our constitution apart from Governor and President any one can be questioned by Law enforcement agencies.
 

Jaykay767

Well-known member
Hi Ashok,
In this case, the cbi officers went to the house of the police officer to interrogate and arrest him without any warrant. And they should have taken the local administrations okay before going ahead as per the laws.

Hence this is wrong and an attack on citizen rights and federalism.

If this had happened in USA, it would have been a hue and cry leading to resignations of the officers and the political appointees who gave the go ahead.

JK.
 

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