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Tamil Nadu Withdraws General Consent from CBI, Requires Prior Permission for Investigations

By LawStreet News Network      16 June, 2023 11:32 PM      0 Comments
Tamil Nadu Withdraws General Consent from CBI, Requires Prior Permission for Investigations

NEW DELHI: The Tamil Nadu government has announced that it has withdrawn the general consent given to the Central Bureau of Investigation under Section 6 of the Delhi Special Establishment (DSPE) Act.

The law allowed the central agency to investigate cases without its permission in the State.

Interestingly, the development came just when Tamil Nadu Electricity Minister V Senthilbalaji was arrested by another central agency, the Enforcement Directorate (ED).

The CBI would now be required to seek prior permission before launching the investigation in any case.

In March, 2023, Union Minister Jitendra Singh told the Parliament that several States including Mizoram, West Bengal, Chhattisgarh, Rajasthan, Kerala, Jharkhand, Punjab and Meghalaya - had withdrawn their general consent given to CBI.

West Bengal was the first state to take the decision in September last year.

A general consent to CBI granted by State governments enables the central agency to carry out investigations without such hindrances.

As per Section 6 of Delhi Police Establishment Act, 1946, CBI needs consent from respective State governments for conducting investigation in their jurisdiction.

In a matter, the central government has told the Supreme Court no state government can withdraw general consent to CBI via an omnibus order but it can be done on a case-to-case basis, after due application of mind, keeping in mind larger public interest.

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