Maharashtra withdraws ‘general consent’ for CBI: All you need to know

Team Udayavani, Oct 23, 2020, 11:12 AM IST

Maharashtra is the fifth state to withdraw general consent for CBI operations within its territory. The move comes amidst the opposition’s allegations that the Centre is using the agency to circumvent investigations by the state police especially in the cases related to the death of actor Sushant Singh Rajput and the TRP scam.

The order read “In exercise of the powers conferred by section 6 of the Delhi Special Police Establishment Act, 1946 (25 of 1946), the Government of Maharashtra hereby withdraws the consent accorded to the members of Delhi Special Police Establishment”

“General consent” is normally given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state.

The order now makes it necessary for the Central agency to get the state government’s permission to conduct investigations. CBI cannot investigate any case registered by state government against state government employees or institutions.

Though the CBI cannot file any new FIRs, this move does not impact cases already being probed by the agency.

As reported by News Minute, The CBI can begin a probe under certain circumstances, if a state government makes a request and the Union government agrees to it, if the Supreme Court or any High Court order the CBI to take up such investigations, or if the state government issues a notification of consent under section 6 of the DSPE Act and the Union government issues notification under section 5 of the DSPE Act for an investigation. The CBI can initiate suo motu investigations only in Union Territories, under section 2 of the DSPE Act.

Over the years, several states have withdrawn general consent, including Sikkim, Nagaland, Chhattisgarh, Karnataka, Andhra Pradesh and West Bengal