Excelsior Correspondent
NEW DELHI, Feb 7: CBI cannot be denied entry by the State Government in cases when it has been ordered by the Court.
This was stated here today by Union Minister of State (Independent Charge) Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh, in reply to a question in the Rajya Sabha.
The reply further clarified that Constitutional Courts (Supreme Court / High Court) can also entrust any case or class of cases for investigation to CBI, in exercise of inherent jurisdiction, even without the consent of the respective State Government.
As per the reply from Dr Jitendra Singh, in the cases which are referred by the Constitutional Courts, the entry of CBI cannot be denied by that State Government, as these cases do not require the consent of the State.
Citing Section-2(1) of Delhi Special Police Establishment (DSPE) Act, 1946, it was stated that the Central Government constitutes a special police force for investigation in any union territory of offences notified under Section 3 of the DSPE Act, 1946. The power and jurisdiction of this special force can be extended by virtue of Section-5 of DSPE Act, 1946 to any other areas / States, not being Union Territory, for investigation of any offences, or classes of offences notified under Section 3 of DSPE Act, 1946 with the consent of the government of that State.
Once general or specific consent is granted under Section 6 of DSPE Act, 1946 by the State Government where the case is registered, or when the case is entrusted by the Constitutional Courts, the powers and jurisdiction of members of DSPE (CBI) may extend for investigation as stipulated under Section 5 of DSPE Act, 1946.
Meanwhile, the reply also clarified that the withdrawal of consent, if any, by a State Government can be effected prospectively and not retrospectively.
Pertinent to mention, that this reply came in the wake of recent developments, wherein certain States, including West Bengal and Andhra Pradesh, withdrew the general consent to the CBI to investigate cases in their respective States. This also coincides with the CBI related developments witnessed in Kolkata during the last few days.
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