CBI Probe into Kunduli Case: Buck stops with State Govt
ONI Bureau: After the State Government shot itself in the foot, it has now become difficult to trust the Police, Crime Branch and Forensic Laboratory of the state government after they messed up the case beyond repair, which also led to the shocking suicide of the Kunduli victim.
What’s next? Although it’s equally difficult to trust the CBI, which failed to provide justice in several cases in the recent past and even accused of working at the behest of political parties, in this case, CBI probe remains the only option. Neither Crime Branch nor a Judicial Probe may help bring out the truth.
The State Government has so far shown reluctance to recommend a CBI probe into the incident. However, the BJP and Union Minister Dharmendra Pradhan have upped the ante by seeking a CBI probe into the entire episode and punish the guilty. Ironically, a senior leader like Bijoy Mohapatra has joined the battle in support of the State Government, asking Dharmendra to convince the Centre to order a CBI probe as the initial allegations were against the BSF CoBRA Jawans.
Mr. Mohapatra completely ignored the rule book, which clearly states that only the State Government or Courts can order CBI probe, as the criminal case filed under state’s jurisdiction. CBI rule book also cites the lone exception of taking suo moto action only if there are corruption charges ((not criminal charges) against central government officials working in the state.
So, there is little doubt that buck stops with the State Government only. If it hesitates and continues to show reluctance, PIL can be filed in the higher courts to take the alternate routes.
What the Rule Book (FAQ Section on CBI Website) Says:
# The CBI cannot suo moto take up a case falling under a state’s jurisdiction.
# As per section 2 of the Delhi Special Police Establishment Act (1946), CBI can suo-moto take up investigation of offences only in the Union Territories.
# Taking up investigation by CBI in the boundaries of a State requires prior consent of that State as per Section 6 of the DSPE Act.
# The Central Government can authorize CBI to investigate such a crime in a State but only with the consent of the concerned State Government.
# The Supreme Court and High Courts, however, can order CBI to investigate such a crime anywhere in the country without the consent of the State.