Supreme Court of India has said that state’s consent is mandatory for a CBI probe and the Centre cannot extend the jurisdiction of the investigating agency without approval from the state government.
Supreme Court has said the Delhi Special Police Establishment Act makes requires the consent of the state government for the CBI to exercise its power and jurisdiction.
These provisions conform to the federal character of the Constitution, said the Supreme Court while clarifying the rules amid a debate over states’ general consent to CBI.
Eight states have so far withdrawn their general consent to CBI with the Congress government in Punjab being the latest addition after Rajasthan, West Bengal, Jharkhand and other non-BJP ruled states.
West Bengal, Rajasthan, Maharashtra, Jharkhand and Chhattisgarh had already withdrawn the general consent to the CBI.
On Tuesday, Tamil Nadu Chief Minister K Palaniswami said there was no need for withdrawing the general consent given to the CBI to probe cases in the state like the other states, but said such a move may be considered if the need arises.
Under Section 6 of the Delhi Special Police Establishment Act, 1946, all states except Delhi and the union territories have the discretion to give their consent to the CBI for a probe in the state.
