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'CBI should not be given terrorism cases'

UP Govt has opposed the suggestion of entrusting to the CBI cases relating to international terrorism or organised crimes, reports Satya Prakash.

india Updated: Jan 07, 2007 19:23 IST

The Mulayam Singh Yadav-led Uttar Pradesh Government, which finally ordered a probe by the Central Bureau of Investigation into the serial killing of children in Nithari village near Noida, has opposed the suggestion of entrusting to the CBI cases relating to international terrorism or organised crimes.

In its affidavit filed in the Supreme Court, the Uttar Pradesh Government said "such an automatic entrustment of the investigation to the Central Bureau of Investigation would be contrary to the federal structure of the Indian Constitution."

The affidavit has been filed in response to the court's September 22, 2006 order on police reforms.

Terming it as "useful" the court had asked the National Human Rights Commission, Sorabjee Committee and Bureau of Police Research and Development to examine the suggestion made by advocate Prashant Bhushan on behalf of former Uttar Pradesh DGP Prakash Singh. It was on Singh's PIL that the court passed the order on police reforms.

Bhushan had suggested that cases relating to international terrorism and organised crimes like drug trafficking, money laundering, smuggling of weapons and counterfeiting of currency and activities of mafia groups be treated as measures taken for the 'defence of India' and as 'internal security measures' under Article 355 of the Constitution.

He had further suggested that such cases involving international or inter-state ramifications should be entrusted to the CBI.

Under the present constitutional scheme, law and order is a 'State Subject' and a case cannot to assigned for investigation to the CBI, a central agency, without the consent of the state government concerned. Unlike the US India does not have a concept of federal crime.

The court has not issued any directions as yet in this regard but the state government, which opposed the court's order on police reforms, chose to make it abundantly clear that it was against any such move. Other states have not responded to the suggestion so far.

Email Satya Prakash: satya.prakash@hindustantimes.com