The government received advice that there was no need to formulate a new law to ban the agency and that the Cabinet can take a call on the issue. However, if the CBI gets permission with the court’s intervention, then the ban cannot prevent the probe.
The government received advice that there was no need to formulate a new law to ban the agency and that the Cabinet can take a call on the issue. However, if the CBI gets permission with the court’s intervention, then the ban cannot prevent the probe.
The government received advice that there was no need to formulate a new law to ban the agency and that the Cabinet can take a call on the issue. However, if the CBI gets permission with the court’s intervention, then the ban cannot prevent the probe.
Thiruvananthapuram: The Kerala government will take a final decision on whether to withdraw the general consent given to the Central Bureau of Investigation (CBI) to probe cases in the state within a day or two.
The government has reportedly received legal advice that there was no hurdle in banning the central agency from launching investigations on its own in the state. The CPM state secretariat and the CPI had put forth the suggestion to ban the CBI from launching a probe without the state government's consent. The final decision will be taken by the Chief Minister.
The government received legal advice from the Inspector General of Police and the Director-General of Prosecution that there was no need to formulate a new law to ban the agency and that the Cabinet can take a call on the issue. However, if the CBI gets permission with the court’s intervention, then the ban cannot prevent the probe.
The controversial Life Mission case, which prompted the move to ban the CBI, is under the court's consideration. In between if the State withdraws the general consent extended to the CBI, the government is wary of whether it would lead to a legal battle. In such a scenario, the ban will prove to be a futile attempt.
However, Law Minister A K Balan has said that the Chief Minister will take a final call on this.
As there is no legal hurdle to ban the agency, a political decision has to be taken on the matter now. The government had last given the general consent to the CBI in 2017. If the ban is imposed, then the CBI will have to seek special permission for new cases. And if the government opposes, the CBI will have to approach the court.