The DMK-led government in Tamil Nadu announced that it has withdrawn the general consent given to the Central Bureau of Investigation (CBI), under Section 6 of the Delhi Special Police Establishment (DSPE) Act, allowing the agency to investigate cases without its permission in the State. The move came on the day when its Electricity Minister V. Senthilbalaji was arrested by another central agency, the Enforcement Directorate (ED).
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“The CBI should henceforth seek prior permission from the Tamil Nadu government for undertaking investigation,” said an official release from the State government.
In March this year, Union Minister Jitendra Singh told the Parliament that nine States — Mizoram, West Bengal, Chhattisgarh, Rajasthan, Maharashtra, Kerala, Jharkhand, Punjab and Meghalaya — had withdrawn their general consent given to CBI.
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The DMK led by its president and Tamil Nadu Chief Minister M.K. Stalin is a prominent ally in Congress-led United Progressive Alliance (UPA). The BJP has four legislators in the 234-member State Legislative Assembly and no MPs from the State in either the Lok Sabha or the Rajya Sabha, though its ally AIADMK has a presence.
As per Section 6 of the DSPE Act, 1946, the CBI needs consent from the respective State governments for conducting the investigation in their jurisdiction. A general consent to CBI granted by State governments enables the central agency to carry out investigations without such hindrances.
Many offices of the CBI network, including that of the Joint Director and Head of Chennai Zone, Anti-Corruption Bureau, Special Crime Branch, Economic Offences Branch, Special Unit, and Scientific Aid Unit are located in Chennai and Madurai of Tamil Nadu. While Mizoram withdrew its general consent to the CBI in July 2015, West Bengal did it in November 2018 and Chhattisgarh in January 2019. Rajasthan, Maharashtra, Kerala, Jharkhand and Punjab withdrew their general consent in 2020. Meghalaya withdrew consent in 2022.
The CBI is under the administrative control of the Ministry of Personnel, Pension & Public Grievances, Government of India. It is the premier investigating police agency in India.