Six months before the Maha Vikas Aghadi (MVA) government collapsed in Maharashtra, the Central Bureau of Investigation (CBI) sought consent of the State government to investigate as many as 91 cases, according to Personnel Ministry data tabled in Rajya Sabha on Thursday. The requests were pending as Maharashtra along with five other Opposition-ruled States, namely Punjab, Chattisgarh, Jharkhand, West Bengal and Rajasthan had withdrawn general consent to CBI to investigate cases in their jurisdiction.
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According to data as on June 30 (the day Eknath Shinde was sworn in as Chief Minister of Maharashtra), as many as 77 cases seeking consent for CBI investigation were pending clearance by Maharashtra government for six months to over a year.
The highest number of such pending cases — 168 are from Maharashtra, involving an amount of ₹29,040.18 crore.
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101 requests, involving 235 public servants
According to a written reply by Personnel Minister Jitendra Singh, as on June 30, “A total of 101 requests under Section 17A of Prevention of Corruption Act 1988, involving 235 Public Servants, are pending with various ministries and departments of the Union Government and Public Sector Banks.”
Section 17(A) of Prevention of Corruption Act, 1988 provides for previous approval of the competent authority for an enquiry/inquiry/investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties, it said.
The reply stated that as many as 221 requests seeking consent for CBI probe are pending with the six States. Of the total requests, 27 are pending with West Bengal involving ₹1,193.80 crore, nine with Punjab involving ₹255.32 crore, seven with Chhattisgarh - ₹80.35 crore, six with Jharkhand- ₹330.57 crore and four with Rajasthan- ₹12.06 crore.
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Nine States withdrew consent for CBI probe
In another reply, the Ministry said nine States, including Maharashtra, Chhattisgrah, Rajasthan, Punjab and Meghalaya, have withdrawn general consent for CBI to probe cases in their jurisdiction.
According to Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, the CBI needs the consent from the respective State governments for conducting investigation in its jurisdiction, Mr. Singh said. The CBI is governed by the DSPE Act.
In terms of the provision of Section 6 of the DSPE Act, 1946, some State governments have granted a general consent to CBI for the investigation of specified class of offences against specified categories of persons, enabling CBI to register and investigate those specified matter, the Minister said.
In States where general consent has not been accorded or where the general consent does not cover the particular case, there is requirement of specific consent of the State government under Section 6 of the DSPE Act, 1946, Mr. Singh said.
Only when the consent of the State government is received, can extension of jurisdiction of CBI under provisions of Section 5 of the DSPE Act, 1946, be considered, he added.