Politics
General consent for CBI: The law, and political reasons for its denial
The Supreme Court expressed concern this week about an opinion submitted by the CBI, which stated that since 2018, about 150 sanctions investigation requests have been pending and eight state governments have withdrawn their general consent to the agency. “This is not an ideal position,” the judge led by Justice S K Kaul observed and referred the matter to the Chief Justice of India N V Ramana.
The CBI filed an affidavit after the court asked about the bottleneck it faced and the steps it took to strengthen the prosecution last month. What is general consent? The National Investigation Agency (NIA) is governed by the 2008 NIA Act and has jurisdiction throughout the country. However, the CBI is governed by the Delhi Special Police Establishment (DSPE) Act of 1946, and must obtain the consent of the relevant state government before starting to investigate crimes in a certain state. The consent of the state government can be for specific cases or general.
“General consent” is usually provided by states to help CBI conduct seamless investigations of corruption cases against central government employees in their states. Almost all states have traditionally given this kind of consent. Without this kind of consent, the CBI must apply to the state government under any circumstances, even before taking small actions. Section 6 of the DSPE Act (“State Government agrees to exercise power and jurisdiction”) stipulates: “Nothing in Section 5 (“Extension of Power and Jurisdiction of Special Police Establishment to Other areas”) shall not be deemed to cause any The members of the Delhi Special Police Agency exercise power and jurisdiction in any area of the state (not belonging to Union territory or railway areas) without the consent of the state government.”
Which states have withdrawn their general consent and why? Currently, eight states have withdrawn their consent to the CBI: Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala, and Mizoram state. All states except Mizoram are ruled by the opposition. In fact, Mizoram was the first state to withdraw consent in 2015. At that time the state was ruled by Congress, and Lal Thanhawla was the chief minister. In 2018, the Mizo National Front (MNF) under the leadership of Zoramthanga came to power; however, even though MNF was an ally of the NDA, it did not resume its consent to the CBI. In November 2018, the West Bengal government led by Mamata Banerjee withdrew the general consent given to the CBI by the Left Front government before 1989. TDP, made a similar decision. “What Chandrababu Naidu did is absolutely correct. The BJP is using the CBI and other institutions to pursue its own political interests and vendettas,” Banerjee said. However, after the Naidu government was replaced by Y S Jagan Mohan Reddy in 2019, Andhra Pradesh reinstated its consent. The Bhupesh Baghel Congress government in Chhattisgarh withdrew its consent in January 2019. Punjab, Maharashtra, Rajasthan, Kerala and Jharkhand will follow in 2020. When withdrawing consent, all states claimed that the central government was using the CBI to unfairly target the opposition.
News Source: The Indian Express
World News
Who is Harun Abdul-Malik Yener? Florida man arrested over bomb threat to New York Stock Exchange
FBI arrested Harun Abdul-Malik Yener for allegedly planning a bombing at the NYSE to “reset” the US government.
Harun Abdul-Malik Yener, a South Florida resident, has been arrested by the FBI for allegedly plotting to bomb the New York Stock Exchange (NYSE) as part of a plan to “reset” or “reboot” the U.S. government. According to unsealed court documents, Yener faces charges of attempting to use an improvised explosive device (IED) against a “building used in interstate or foreign commerce.”
The investigation into Yener began in February when the FBI received a tip about his possession of bomb-making plans stored in a locked Coral Springs storage unit. Upon executing a search warrant, agents discovered “bomb-making sketches, numerous watches with timers, electronic circuit boards, and other electronics” that could be used to construct explosives, per the criminal complaint.
Court documents reveal that Yener was not only active on YouTube, posting videos on making explosives and fireworks, but also had a history of making threats.
Harun Abdul-Malik Yener wanted to ‘reset’ US government
Back in March, Yener admitted to undercover federal agents that he had experience in creating “rockets” and “bombs” and had previously sought to join a “domestic extremist group.” He also revealed that in 2015, he had considered travelling to Iraq to join ISIS but ultimately decided against it, doubting the group’s ability to accomplish “their objectives.”
Yener also attempted to join extremist groups such as the Boogaloo Bois and the Proud Boys but was reportedly denied membership due to his stated desire to “pursue martyrdom.”
Yener allegedly shared his plot to attack the NYSE with an undercover FBI agent, identifying November 18 as his intended date for the bombing. He wanted to “reboot” or “reset” US government through the “bombing”.
“There is one place that would be hella easy… the stock exchange, that would be a great hit. Tons of people would support it. They would see it and think, dude, this guy makes sense, they are [profanity] robbing us. So that’s perfect,” he told the undercover agent.
On November 12, Yener reportedly made several audio recordings he planned to send to NBC News following the attack. He expressed his vision of the explosion as being comparable to a nuclear event, saying, “I feel like Bin Laden.” He allegedly added that the detonation would ensure “[a]nything outside” the building “will be wiped out” and “anything inside there would be killed.”
Following his arrest, Yener made his first court appearance and remains in custody as he awaits trial.
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