CBI and Consent of States

CBI and Consent of States

Subject: polity

Context: The SC sought the Centre, CBI reply in a plea challenging CBI’s jurisdiction in West Bengal mineral case as West Bengal withdrew general consent to the CBI in 2018.

Concept:

• In last few years Mizoram, West Bengal, Rajasthan, Maharashtra, Chhattisgarh, Kerala and Jharkhand have withdrawn the general consent to the CBI.
• The CBI is governed by the Delhi Special Police Establishment Act (DPSEA). This law makes the CBI a special wing of Delhi Police and thus its original jurisdiction is limited to Delhi.

General Consent

• The CBI needs consent of the state government in whose territorial jurisdiction, the CBI has to conduct an investigation (unlike NIA which enjoys All-India jurisdiction).
• Section 6 of the DPSE Act authorizes the central government to direct CBI to probe a case within the jurisdiction of any state on the recommendation of the concerned state government.
• However, the courts (SC and HC) can also order a CBI probe, and even monitor the progress of investigation in which case it won’t need states consent.
• However even after withdrawal of the general consent The CBI continues to probe in old cases until specifically taken back by the state government. Further, it continues to investigate cases that were given to it by a court order.
• When a state gives a general consent to the CBI for probing a case, the agency is not required to seek fresh permission every time it enters that state in connection with investigation or for every case.
• If the general consent is withdrawn CBI needs to seek case-wise consent for investigation from the concerned state government. If specific consent is not granted, the CBI officials will not have the power of police personnel when they enter that state.
• In case of lack of general consent the CBI can approach a local court for a search warrant and conduct investigation.