Supreme court's big decision, it is necessary to get the consent of states for CBI investigation

Posted on 19th Nov 2020 by rohit kumar

The Supreme Court said that the consent of the state government is mandatory for a CBI inquiry under its jurisdiction and without it, the agency cannot conduct an investigation. Justice A. M. Khanwilkar and Justice B.C. R. A bench of Gawai said the provisions were in line with the federal character of the constitution, which has been considered as one of its basic structures.

 

The apex court cited sections five and six of the Delhi Special Police Establishment (DSP) Act, which provides for the extension of the powers and jurisdiction of the Special Police Establishment to other areas and the powers and jurisdiction of the State Government.

 

The bench said, 'This can be seen as if section five enables the central government to extend the powers and jurisdiction of DSPE members beyond the union territories to the state, as long as a state As long as the DSPE does not give its consent for such extension in the relevant area under section six of the Act, it is not acceptable. '

 

The apex court stated this on the appeals filed by some accused, private and public servants, in which the validity of the CBI probe in the corruption case against them was challenged on the ground that the investigation did not seek prior consent from the state government. Has gone.

 

What is this common or general consensus?

The CBI is governed by the Delhi Special Police Establishment Act. The Act makes it mandatory for a state government to consent to investigation in any state.

 

What does the withdrawal of the general consent mean?

This simply means that the CBI will not be able to register a new case against any person in these states without obtaining case-specific consent. Withdrawal of the general consent means that all the rights of any CBI officer as a police officer cease as soon as they enter these states without the permission of the state government.

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