Recently, the Maharashtra government made headlines when it withdrew its general approval for the Central Bureau of Investigation (CBI) to investigate cases within the state. This decision follows a recent FIR registered by the CBI regarding the TRP scam based on a prior FIR filed in Uttar Pradesh. The move by the Maharashtra government might be due to apprehensions about CBI’s potential takeover of the TRP scam investigation, which is currently under the Mumbai Police.
Maharashtra Government’s Apprehensions
The Maharashtra government had earlier experienced a similar situation in 2020, with the CBI taking over the investigation into the death of actor Sushant Singh Rajput from the Mumbai Police. This has led the government to express suspicions about the impartiality of the CBI and its perceived allegiance to the Centre. Past comments from the Supreme Court referring to the CBI as a “caged parrot” singing the Centre’s tune seems to support these suspicions. Currently, Maharashtra is the third state, after West Bengal and Rajasthan, to withdraw its consent for CBI operations.
The General Consent Policy
A key difference between the National Investigation Agency (NIA), which operates under its specific NIA Act with nationwide jurisdiction, and the CBI is that the latter requires the consent of a state government to conduct investigations within that state, as governed by the Delhi Special Police Establishment Act, 1946 (DSPE Act, 1946). The DSPE Act outlines two types of consent: case-specific and general. Unless granted consent by the state government, the CBI can only investigate matters related to central government departments and employees.
What Does Withdrawal of General Consent Mean?
The withdrawal of general consent by Maharashtra means the CBI cannot register new cases involving central government officials or private individuals situated within the state without acquiring case-specific consent. This does not prevent the CBI from filing cases in Delhi or continuing investigations of people within Maharashtra. As a result, CBI officers will lose their police powers within the state unless granted permission by the state government. However, existing investigations will not be affected as they were registered when general consent was in effect.
The Central Bureau of Investigation
The CBI is India’s leading investigative police agency, under the Ministry of Personnel, Pension & Public Grievances. Established initially as the Special Police Establishment (SPE) in 1941 to investigate cases of bribery and corruption during World War II, the CBI has evolved and expanded its jurisdiction over time.
Types of Cases Handled by the CBI
The CBI investigates a wide range of cases – from anti-corruption crimes against public officials, financial crimes, bank frauds, and money laundering cases to serious offences relating to internal security, espionage, narcotics, antiquities, homicides, and robberies, among others. It can take up investigations suo moto only in the Union Territories, and with the concerned State Government’s consent elsewhere.
The Way Forward
The tug-of-war between the Centre and states over investigations jeopardises the credibility and authority of the CBI. Therefore, it becomes critical for the CBI, with support from an independent judiciary, to maintain its reputation. Courts should override state governments’ reservations and order the agency to investigate a necessary case, ensuring due process. The onus of protecting the credibility of the CBI primarily falls on the agency itself.
