The State Cabinet has decided to withdraw the notification by which Governor Krishan Kant Paul had recommended CBI probe into the sting CD on Sunday afternoon. To avoid the Opposition’s fury chief minister Harish Rawat kept himself busy in Kedarnath and Badrinath temples. As is known, when the portals of Badrinath shrine were reopened to the public, the chief minister’s office was opened for Harish Rawat by an order of Supreme Court on May 11. Viewing this as an omen, it was being stated that Rawat might try to visit Badrinath while cabinet was taking such decision but he could not visit the Badrinath temple township due to inclement weather. As the decision was revealed by the chief secretary officially then opposition including ex-CM Vijay Bahuguna, who might have been waiting for an opportunity to earn political points- got active and said that with this notification one thing is clear that CM Rawat believes himself that he has committed a blunder which is why he could not muster the courage to face CBI, which is one of the premium investigating agencies in the country.
He is making mockery by pronouncing that the sting CD case will be investigated by the special investigating team (SIT), which will be constituted by chief secretary. Bahuguna questions whether it will it be possible for any officer to question incumbent chief minister, who is their appointing headIJ He said that once the state had recommended CBI inquiry then it cannot withdraw the notification.
For instance, In 1994 Kazi Dorzi Vs CBI case, wherein Sikkim chief minister Dorzi was out of power when sitting chief minister had recommended CBI inquiry and later when Dorzi was reinstated, he had withdrawn the earlier notification. Then supreme court pronounced that once state gives its recommendation then they can’t withdraw the notification. As CBI investigation is already in progress, this would make it tougher for the CBI to leave the matter.
In another case dated April 29, 1998 in KC Mariam Vs State of Kerala case Supreme court pronounced “in view of the law laid down by three judge bench of this court, it must be held that investigation started by CBI with the consent of state government concerned can not be stopped mid way by withdrawing the consent.”
He further said that CBI is one of the premier investigating agencies in the country, which should pose no fear to Rawat if he is true to his word.