Another state government in the country has decide to revoke the ‘general consent’ to investigate cases in the state given to national investigating agency, Central Bureau of Investigation (CBI). The Punjab state government has decided to revoke the general consent to CBI. The notification for this has been released by the Punjab government.
“In exercise of the power conferred by section 6 of the Delhi Special Police Establishment Act, 1946 (Central Act No 25 of 1946), the Government of Punjab hereby withdraws the general consent accorded to the members of the Delhi Special Police Establishment, anytime herein before,” the notification issued by the Additional Chief Secretary, department of Home Affairs and Justice reads.
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“In view of revocation of all previous general consents issued earlier, prior consent of the Government of Punjab shall be required, hereinafter, on a case-to-case basis for investigation of any offence or class of offences under section 3 of the aforesaid Act, by the Delhi Special Police Establishment,” it further said.
Earlier, many non-BJP ruled states including Maharashtra and Kerala had revoked the consent given to CBI. West Bengal, Rajasthan, Maharashtra, Jharkhand and Chhattisgarh are among the states that have already withdrawn their “general consent” to the CBI.
The general consent by the state government is necessary for CBI as it is governed by the Delhi Special Police Establishment Act (DPSEA). This law makes the CBI a special wing of Delhi Police and thus its original jurisdiction is limited to Delhi. So CBI needs consent of the state government in whose territorial jurisdiction, the CBI has to conduct an investigation. This is unlike other central government agencies, for example, the National Investigation Agency (NIA), which by law, enjoys an all-India jurisdiction.