4 min readNew DelhiMar 5, 2022 02:43 AM IST
First published on: Mar 4, 2022 at 12:11 PM IST
MEGHALAYA HAS withdrawn consent to the CBI to investigate cases in the state, becoming the ninth state in the country to have taken this step in the last few years. However, unlike most of the other states, Meghalaya is ruled by Conrad Sangma’s National People’s Party (NPP) which is part of the BJP-led National Democratic Alliance.
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“It is true that Meghalaya has withdrawn consent to the CBI. We do not know the reasons,” said a government official. While Meghalaya Home Minister Lahkmen Rymbui said he was “not in a position to comment” on the development, calls to Chief Minister Sangma went unanswered.
However, speaking to local reporters outside the Meghalaya Assembly on Friday afternoon, Sangma termed the development a “normal procedure.” “The decision was made quite a long time ago. I can’t remember the date, it was done a very long time back,” he said.
ExplainedWhat is general consent?
THE CBI, which is governed by The Delhi Special Police Establishment Act, 1946, must obtain a state government’s consent before investigating a crime there. The consent can be either case-specific or general. States normally give general consent. In the absence of general consent, the agency has to apply to the state government in each case.
“Therefore, it is a normal thing. A lot of states have taken this decision, and it is aligned with that. Anybody who comes in here has to take consent from the state. That’s all. It is a normal procedure,” he said.
Mizoram was the first state to withdraw consent in 2015, when it was ruled by the Congress with Lal Thanhawla as the chief minister. In 2018, the Mizo National Front (MNF) under Zoramthanga came to power. Although the MNF is an NDA ally, consent to the CBI was not restored.
The other states that have withdrawn consent — Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala — are all ruled by the Opposition. They have alleged that the CBI is not fair and impartial, and has become the Centre’s tool to target Opposition leaders.
The withdrawal of consent means that the CBI will not be able to investigate any case in the state without the state government’s permission.
In Meghalaya, which goes to polls next year, the decision comes in the backdrop of corruption allegations against the Chief Minister’s brother, James P K Sangma. He has been accused of corruption in the implementation of the ‘Soubhagya Scheme’ — for providing electricity connections to all households — with the Congress demanding a CBI probe into the alleged scam.
Earlier, the Chief Minister divested James Sangma of the Home portfolio following more allegations that he had allowed syndicates to carry out illegal mining and transportation of coal.
In November 2018, the West Bengal government led by Mamata Banerjee withdrew general consent, hours after Andhra Pradesh, then ruled by N Chandrababu Naidu’s TDP, did so. However, after Naidu’s government was replaced by that of Y S Jagan Mohan Reddy in 2019, Andhra Pradesh restored consent.
Chhattisgarh withdrew consent in January 2019, followed by Punjab, Maharashtra, Rajasthan, Kerala and Jharkhand in 2020.
Barring Meghalaya and Mizoram, all other states that have withdrawn consent to the CBI are ruled by Opposition parties. (Express Photo: Tashi Tobgyal) 
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