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NEW DELHI: The Union Home Ministry, on Thursday, clarified that Union Home Minister P. Chidambaram had sent only a reply to Kerala Chief Minister V.S. Achuthanandan, on December 29 last year, and no other letter on the subject of lotteries.
The reply had specified the procedure to be followed by a State for the Central Bureau of Investigation (CBI) to take up a case.
The Ministry was reacting to a statement made by the Chief Minister on Wednesday that Mr. Chidambaram had written to him twice on the subject. “It is clarified that the Chief Minister of Kerala wrote to the [Union] Home Minister on November 29, 2010. The Home Minister replied to the Chief Minister on December 29, 2010. No other letter was written by the Home Minister to the Chief Minister on this subject,” the Ministry said.
In his reply, Mr. Chidambaram wrote: “Your letter of November 29, 2010 does not contain a specific request for referring any specific case (FIR, police station, etc.) to the CBI. Besides, in respect of a proposal for handing over the investigation of any case to the CBI, the legal position is that the Central Government cannot suo motu entrust the investigation of an offence which has taken place in a State to the CBI, unless the State Government proposes transfer of the case to the CBI and gives its consent under section 6 of the Delhi Special Police Establishment Act. The State Government should also make a notification in this behalf. I may also point out that the CBI is under the administrative control of the Department of Personnel and Training, Ministry of Personnel, Pension & Public Grievances (DOPT) and, therefore, the Government of Kerala should write to that department proposing to transfer the case to the CBI.”
The Ministry, in the clarification, said that on enquiry, the Department of Personnel and Training had informed it that no proposal had been received from the Kerala government regarding any specific case relating to lotteries. In the absence of a proposal and a consent notification under Section 6 of the Act, the question of the CBI taking over any case did not arise.
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