The CBI still has to seek the state's written permission to investigate state government employees.
Published Aug 21, 2024 | 1:26 PM ⚊ Updated Aug 21, 2024 | 1:26 PM
CBI
Chandrababu Naidu-led NDA government in Andhra Pradesh has granted the CBI consent to investigate the cases in the state. According to a order released by the state Home Department on Tuesday, 20 August, the notification came into force with effect from 1 July, 2024.
It is to be noted that in 2018, following the then Chandrababu Naidu’s government’s exit from NDA, Naidu withdrew the general consent.
The chief minister had then accused the BJP-led NDA of trying to topple his government using the central agencies.
As the Naidu-led TDP is now a prominent partner of the NDA, following suit of other BJP-ruled states, Chandrababu Naidu granted the general consent.
It is also to be noted that the former Chief Minister Jagan Reddy has active cases against him being investigated by the CBI.
The order read: “The State government of Andhra Pradesh in pursuance of Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946 (Act No. 25 of 1946) hereby gives its consent to the extension of powers and jurisdiction of the members of the Delhi Special Police Establishment (DSPE) Act, 1946 in the whole State of AP for investigation of the offences or classes of offences notified under Section 3 of the Act, as amended from time to time, alleged to have been committed by employees of the Central Government, Central Public Sector Undertakings and Private Persons (whether acting separately or in conjunction with the employees of Central Government /Central Government Undertakings).”
While the CBI can investigate central government employees, Central PSU employees, and private persons, it still has to seek the state’s written permission to investigate state government employees.
The order further reads, “All previous general consent for any other offences and consent accorded on a case-to-case basis for any other offence by the Statement shall also remain in force.”
CBI is governed by the Delhi Special Police Establishment (DSPE) Act, 1946, and the investigating agency has to have the consent of the states to take up the investigation of cases in their jurisdictions. The consent to CBI is either case-specific or a “general consent”.
When a state gives a general consent to the CBI, the agency is not required to seek permission every time it enters that state in connection with an investigation or for every case.
After the Act came into force, most of the states gave general consent to the CBI to help in the seamless investigation of cases of corruption against Union government employees in their states. This was consent by default.
If there is no general consent, the CBI has to seek permission from the state to register a case and investigate it.
It means the CBI will not be able to register any fresh case involving officials of the central government or a private person in the state without the consent of the state government.
With politics playing around the CBI investigations in every state, several Opposition-led state governments have withdrawn the general consent given to the CBI.
(Edited by Sumavarsha Kandula, with inputs from Raj Rayasam)
