The Maharashtra government has withdrawn the “general consent” granted to the Central Bureau of Investigation (CBI), curtailing the agency’s powers to probe cases in the state. The agency will now have to approach the state government for permission to initiate the investigation on a case by case basis. This comes a day after the central probe agency registered an FIR in the TRP ‘scam’ case based on a reference from the Uttar Pradesh police. The case, which was earlier registered at Hazratganj police station in Lucknow on a complaint of an advertising company promoter, was handed over to the CBI by the UP government.
On October 8, the Mumbai police had claimed it had busted a “racket” of “fraudulent” manipulation of Television Rating Points (TRPs) involving three channels including Arnab Goswami’s Republic TV. Six people have been arrested by the police in the ‘scam’, which allegedly involves inducing homes which form the sample set whose TV viewing is monitored to ensure that certain channels get higher ratings.
In the past, states like Rajasthan and West Bengal had withdrawn general consent to the CBI, which reports directly to the Union Home Ministry. But the order does not turn Maharashtra into a "no go" territory for CBI which can continue to investigate cases registered before the state government withdrew consent. It can also probe people based in Maharashtra who are found to be involved in cases registered in other states.
CBI in unviable situation
While it may not be practically possible for the agency to carry out raids and arrests if the state government and police refuse to cooperate, it can overcome the problem by approaching courts. There have been several examples of courts allowing such pleas by the CBI. Also, while the CBI cannot register fresh cases in Maharashtra, it can conduct investigations in the state by getting a case registered in another state where it does not suffer from similar disability. Still, the order puts the CBI in an unviable situation, given the number of central government employees in Maharashtra and Mumbai being the financial capital. The state is home to several public sector undertakings and a base of legions of I-T and customs personnel - something which explains why the agency had to split the state into four zones.
States have in the past restored the ‘general consent’ after a change of regime, like in the case of Andhra Pradesh and, early on, in Karnataka. Interestingly, sources noted that unlike the government in Rajasthan which issued a detailed order earlier this year when it withdrew consent, the Maharashtra government has sought to achieve the purpose by issuing a cryptic note. Nagaland and Sikkim too had earlier withdrawn consent for CBI probes in their states.
