Corruption will lead to formation of militant groups: Mukul

Staff Reporter

Shillong, Sep 17: Opposition AITC leader and former chief minister Mukul Sangma said formation of militant groups will take place if there is corruption in the State.

He was reacting a query on the recent formation of a new militant outfit in Khasi-Jaintia Hills region – National Liberation Council of Nongkyndong (NLCN).

“Now in absence of jobs, in absence of opportunities or rather will you say in the circumstance where  you see robbing of opportunities by people in authority, by people in power, when too much of nepotism and your complete monopoly in business and other things are there then this is what happens,” Mukul said.

Stating these are precursors of what is going to happen, he said, “When there is increased number of elite groups fighting for the same kind of space and the space is limited then when you cannot create that kind of equilibrium in the society then you will have that whole distortion of the equilibrium.”

“This is the slow indication of what is going to happen. And once it happens then it is going to remain for 15-20 years so another 15-20 years, you are going to have a mess and who is going to clear it?” he asked.

The former chief minister further asserted that the interest of the State is more important and said there is need to handle the situation with the State already witnessing lots of crimes.

Sohiong residents flag inconsistencies in fund release

Claiming that they have not received funds from the Special Rural Works Programme (SRWP) scheme 2018-2022, a section of the residents of Sohiong constituency have demanded an answer from former MLA Samlin Malngiang as to why this situation has come about.

Speaking to media persons, John Wankhar claimed that many residents of various villages under Sohiong constituency have not received funds, despite their names having appeared in the list of beneficiaries.

Wankhar informed that after receiving complaints from villagers, a group of residents had sought RTI report from the CRD Block Office Sohiong in June 2022 on the number of beneficiaries benefited from the SRWP scheme 2018-2022.

“As per the RTI report received on 12 July 2022 from the CRD Block Office Sohiong, till date there are 15 individuals or families from various villages who have not receive any funds under the SRWP scheme 2018-2022 despite their names have appeared in the list of beneficiaries” alleged Wankhar.

Wandalin Khongsit, a resident of Kharlakhar village who had accompanied the group said that her name had also appeared in the list to receive Rs.10,000 for the implementation of SRWP scheme but till date the fund was never accredited to her account.

Khongsit said that all beneficiaries of the SRWP scheme 2018-2022 was supposed to be given Rs.10,000 to Rs.20,000 but till date there are 14 individuals or families who have not received the fund despite their names having appeared in the beneficiaries list.

“As a group and personally I have visited the CRD Block Office Sohiong and have enquired about the non-release of funds meant under SRWP scheme 2018-2022 but till date, we have not received any positive response” said Khongsit.

Meghalaya among 9 states to withdraw general consent to CBI

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.