The Supreme Court has also accepted that the consent of the states is necessary for the CBI investigation. The Supreme Court’s decision came after Maharashtra minister Aslam Sheikh’s response. He has taunted the Bharatiya Janata Party government and said that the CBI has become like a paan shop in the BJP government. In fact, the Supreme Court, in a judgment hearing a plea, 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.
After this decision, Maharashtra Cake Minister Aslam Sheikh said that the CBI has become like a paan shop in the BJP government. It goes anywhere and books anyone, especially in non-BJP ruled states. It has taken action against chief ministers and ministers. We welcome this decision of the court.
Under the BJP govt, CBI has become like a pan shop. It goes anywhere & books anyone, particularly in non-BJP ruled states. It took action against CMs & ministers. We welcome the court’s ruling: Maharashtra Minister Aslam Sheikh on SC saying state’s consent is a must for CBI probe pic.twitter.com/BbbfNAmZOe
– ANI (@ANI) November 19, 2020
Please tell that 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 provide 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 mandates the consent of a State Government for investigation in any State.
What is the meaning of withdrawal of general consent?
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.