State’s consent must for Centre to extend CBI jurisdiction: Supreme Court:-

19 nov 2020

State’s consent must for Centre to extend CBI jurisdiction: Supreme Court:-

The verdict by the Supreme Court has come in the light of eight non-BJP states who withdrew general consent for CBI to probe fresh cases in the state’s jurisdiction.The Supreme Court has announced that the state government’s consent is mandatory for the CBI probe in its jurisdiction as it is in tune with the principle of federalism. The higher court also added that the central government will not be allowed to extend the agency’s jurisdiction in the state without its consent.

The verdict by the Supreme Court has come in the light of eight non-BJP states- Kerala, Jharkhand, Bengal, Maharashtra, Mizoram, Chhattisgarh, Rajasthan, and Punjab- who withdrew general consent for CBI to probe fresh cases in the state’s jurisdiction. Verdict by Supreme Court:
A bench of Justices B R Gavai and A M Khanwilkar, while referring to the Section 5 and 6 of DSPE (Delhi Special Police Establishment) Act, which regulates the functioning of CBI, stated that it can be seen that even though Section 5 and 6 permits the central government to extend the powers and jurisdiction of DSPE members beyond UTs to a state, the same is not permitted unless the state gives its consent for such extension within the state’s area concerned under Section 6 of DSPE Act.The court also added that the provisions, however, are in tune with the federal character of the constitution which has been considered to be one of the basic structures of federalism.

Appeal filed to the Supreme Court:
The Supreme Court bench has passed the verdict because of the appeal filed by some accused who challenged the validity of the investigation by CBI against them in a corruption case on the ground that the prior consent was not taken by the state government. Two of the accused in the case are state government employees and the rest are private employees