Withdrwal of Consent to CBI by Maharashtra,Jharkhand & Kerala Flashcards
Why consent of state is necessary for CBI?
Delhi Special Police Establishment Act->consent of a state government mandatory for conducting investigation in that state
What is case-specific consent?
can investigate a case involving state government employees or a violent crime in a given state
What is general consent?
given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state.
What are implications of state withdrawal of consent?
-CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them->will have to get consent from the state government for every case it registers in Maharashtra.
Under what provision can general consent been withdrawn?
Section 6 of the Delhi Special Police Establishment Act, 1946
Can withdrawal mean that the CBI can no longer probe any case?
- still have the power to investigate old cases registered when general consent existed
- cases registered anywhere else in the country, but involving people stationed in states can also be probed