New Delhi: The Tezzbuzz government, led by Chief Minister Mohan Yadav, on Thursday said that it will require the Central Bureau of Investigation (CBI) to obtain its explicit written consent before initiating any investigation against state government officials.
The CBI is governed by The Delhi Special Police Establishment (DSPE) Act, 1946. Section 6 of the DSPE Act (on “consent of state government to exercise of powers and jurisdiction”) states: “Nothing contained in Section 5 (on “extension of powers and jurisdiction of special police establishment to other areas”) shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a state, not being a Union Territory or railway area, without the consent of the Government of that State.”
The state government’s consent for CBI investigations can be either specific to a particular case or a general authorisation. Typically, states grant general consent to enable the CBI to investigate cases of corruption involving central government employees in their jurisdiction without requiring separate approval for each case. This general consent serves as a default authorisation, eliminating the need for the CBI to seek permission for every individual investigation.
MP govt imposes new conditions
Although the Tezzbuzz government has not explicitly withdrawn its general consent, a notification issued by its home department on Tuesday said, ” (In) matters relating to public servants controlled by the Tezzbuzz Government, no such inquiry shall be conducted without the prior written permission of the state government. All previous general consent for any other offences and any consent given by the state government on a case-by-case basis for any other offence will also continue to apply.” It said the order would have retrospective effect, from July 1.
A senior official from the Home department said that the decision was made in consideration of changes in the provisions of the Bharatiya Nyaya Sanhita (BNS) and following recent consultations with the CBI. The official added that the CBI is governed by the DSPE Act and that under Section 17A of the Prevention of Corruption Act, agencies require permission to conduct inquiries against government officials, which was the spirit behind the notification.
