Staff Reporter

Shillong, Sept 15: National People’s Party (NPP) National President and Chief Minister Conrad K Sangma today said the selection of candidates for the upcoming Lok Sabha polls will be based on the ‘winnability factor’.

“We have started our exercise and the party is screening a large number of candidates (for the Shillong parliamentary seat),” Sangma told reporters.

He said that the party will give appropriate opportunities to individuals, who would like to apply and contest from the party ticket.

“It will be a democratic process where we will allow people to participate and share their desire to contest and then accordingly we will choose the candidate based on winnability and other factors,” he added.  

The NPP chief was silent when asked if the party would field former Mawsyram legislator Himalaya Shangpliang, who recently quit the BJP, as its candidate from the Shillong constituency.

“Of course, we welcome everybody and we have always told everybody that joining has to be not based on any conditions as such. I am not talking about the concerned individual I am talking about in general. In general, everybody joins for the purpose of serving the people and the State and working through a particular party so that is the objective and that is how we would see it and of course, as I said if any individual whoever is in the party would like to apply for the ticket they can apply for the party ticket,” he said.

With regards to the Tura parliamentary seat, Sangma said there is a certain consideration for the incumbent and sitting MP Agatha K Sangma.

“Of course, we have a sitting MP out there and hence, obviously there is a certain consideration for the incumbent and sitting MP. Again as I said we have a full committee that processes the entire ticketing so therefore that process will also happen for Tura also,” he added.

On rumours that his elder brother and former Dadenggre legislator James K Sangma is also eyeing to contest the upcoming election, the NPP Chief, however, said, “As I said all different individuals can apply and we will scrutinize. The process is the same for all so the process will be followed.”

On the other hand, Sangma said the desire is always there to put up a common candidate.

“But we know politics have always been about the ideology and principle of each political party and each political party would want their particular candidate to be there and there is nothing wrong in it, it is similar to what we do as a party when it comes to the MDA, we contest the elections, so therefore, there is nothing wrong in it. And as far as I know, workers of all political parties also be it UDP or HSPDP or any other political parties, all the workers of the political parties would also want to see their party also grow and hence they would want to contest the elections. I am sure that most of the political parties would want to contest and there is nothing wrong,” he added.

If the NPP will seek support from the MDA partners, the NPP chief said, “We will discuss with everybody and then decide. We have not really gone so much into the discussion.”

As many as nine states, including Telangana and Meghalaya, have withdrawn the general consent given to the Central Bureau of Investigation (CBI) for probing certain offences.

The information was disclosed by Union Minister Jitendra Singh during the winter session of the Parliament in December 2022.

The minister informed the House that as per Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, the CBI requires the consent of the respective state governments to conduct investigations in their jurisdiction.

The state governments had granted general consent to the CBI for the investigation of a specified class of offences against specified categories of persons, enabling the agency to register and investigate those specified matters, Singh elaborated. However, Chhattisgarh, Jharkhand, Kerala, Meghalaya, Mizoram, Punjab, Rajasthan, Telangana, and West Bengal have withdrawn the general consent to the CBI to investigate cases. This move could potentially create roadblocks for the CBI to investigate cases in these states.

Non-BJP-ruled states have accused the CBI of “selectively targeting” Opposition leaders.

The withdrawal of consent could also affect the CBI’s ability to investigate cases that have national significance or interstate ramifications. It remains to be seen how the CBI will navigate these challenges and continue to discharge its duties effectively.

This development highlights the need for a comprehensive review of the DSPE Act, 1946, and its provisions related to the CBI’s jurisdiction and powers.

In March this year, a Parliamentary Committee emphasised the withdrawal of general consent for the CBI probe by several states and stated that the existing law governing the federal probe agency has “several limitations”.

The committee has suggested the need to enact new legislation that defines the CBI’s status, functions, and powers.

“The Committee feels that the Delhi Special Police Establishment Act has many limitations and therefore, recommends that there is a need to enact a new law and define the status, functions and powers of the CBI and also lay down safeguards to ensure objectivity and impartiality in its functioning,” it said.

Rudra Vikram Singh, Supreme Court lawyer said that withdrawal of general consent means CBI does not have the general consent of a state government, it is required to apply for consent on a case-by-case basis and cannot act before the consent is given.

“However CBI can continue to investigate cases in a state registered prior to the withdrawal of general consent. In July 2022, the Calcutta High Court, in a case of illegal coal mining and cattle smuggling being investigated by the CBI, ruled that the central agency cannot be stopped from investigating a Central government employee in another state,” said Singh.

“In its order, the High Court observed that corruption cases across the country must be treated equally and that Central government employees could not be exempted from an investigation on the grounds that their offices were located in states that have withdrawn general consent. The judgment also said that withdrawal of general consent and its ramifications would be applicable in cases where exclusively state government employees were involved,” he added.

This order, however, has been challenged in the Supreme Court, where the matter is still pending. Hence, as it stands, the CBI can use the Calcutta High Court order to its advantage to carry on certain investigations until the order is struck down by the Supreme Court.

Gurmeet Nehra, legal scholar and member of the Supreme Court Bar Association said that CBI can approach the local court of that state for issuing a search warrant and it can register a case in Delhi and proceed with the investigation.