The Supreme Court has acknowledged that states’ consent is required for a CBI probe. The Supreme Court verdict comes after the response of Maharashtra Minister Aslam Sheikh. He said the Bharatiya Janata Party (BJP) government had become agitated and the CBI had become a pawn shop in the BJP. In fact, the Supreme Court in its decision hearing the petition stated that the consent of the state government in its jurisdiction is mandatory for the CBI investigation and that the agency cannot investigate without it.
Following the decision, Maharashtra Cake Minister Aslam Sheikh said the CJI had become a pawn shop in the BJP government. It goes anywhere and will book anyone, especially in non-BJP-ruled states. It has taken action against chief ministers and ministers. We welcome this decision of the court.
The CBI has become a pan shop under the BJP government. It goes anywhere and makes anyone book, especially in non-BJP ruling states. It took action against CMs and ministers. Maharashtra Minister Aslam Sheikh on SC said state consent is essential for CBI probe pic.twitter.com/BbbfNAmZOe
– ANI (@ANI) November 19, 2020
Please refer to Justice A. M. Khanwilkar and Justice B.C. R. Gawai’s tribunal said that the provisions were in accordance with the federal nature of the Constitution, which was considered one of its original structures. The Supreme Court has referred to Sections Five and Six of the Delhi Special Police Establishment (DSP) Act, which provides for the extension of the jurisdiction of the Special Police Establishment and the jurisdiction of the State Government.
The Tribunal could see that the Fifth Section enables the central government to extend the powers and jurisdiction of the members of the DSPE to the state beyond the central areas. Unless the DSPE gives its consent to such an extension in the relevant area under section six of the Act, it is not acceptable. ‘
The Supreme Court has stated this on appeals filed by some accused persons, private and public servants, in which the validity of the CBI investigation into the corruption case against them has gone unnoticed by the state government.
What is this general or general consensus?
The CBI is regulated by the Delhi Special Police Establishment Act. The Act mandates that the State Government approve the investigation in any State.
What does it mean to revoke general consent?
This means that the CBI will not be able to file a new case without obtaining case-specific consent against any person in these states. The revocation of general consent means that all rights of a CBI officer to be a police officer shall cease immediately upon their entry into these states without the permission of the State Government.
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