SHILLONG: The CBI, which has been asked by the Meghalaya Lokayukta to investigate into the alleged coal racket, is seeking legal opinions on how to go about with the directives.
It was learnt that the CBI, Shillong is seeking legal opinion on the directives of the Lokayukta and it would accordingly present its case before the anti-graft panel on Wednesday.
Sources told The Shillong Times that CBI registers cases only if the constitutional courts of the country – Supreme Court or the high court – under Article 226 direct the CBI to investigate into cases like the education scam when the High Court had directed the CBI to inquire into the matter.
Sources also said that CBI being a central investigation agency probes corruption and other irregular activities in central government institutes which are located in Meghalaya whereas transportation of coal is a subject which totally falls under state government.
However, sources added that the CBI can enquire into the allegations of illegal transportation of coal only if the Meghalaya government issues order under section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946 after which another order under section 5 of the same act will be issued by the Department of Personnel and Training. “Once the order is issued, the CBI can register the FIR and accordingly enquire into the matter,” sources said even as they added that the Lokayukta, which is a state body, should ask the state government to issue order under section 6 instead of issuing directives to the CBI to enquire into the allegations.
Section 6 of the Act says, “Nothing contained in section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union territory or railway area, without the consent of the government of that state”.
Sources also informed that if the state government wants to hand over the case to CBI, the state police should register a case and transfer the case to CBI and it would not require such a lengthy process to be followed since the mandate of section 6 is already inherited when the case is transferred.
“Once the CBI gets the order, the bureau will be more than happy to register the case and investigate into the matter,” sources said.
The chairperson of Meghalaya Lokayukta, PK Musahary, had on January 10 issued an order to the CBI to submit the preliminary report into the coal racket issue within 15 days. Later, the secretary of the Lokayukta had on January 13 sent the official order to the CBI office in Shillong.
The task of the CBI is to probe the nexus between the officials and coal racketeers as illegal transportation of coal is rampant.
