The government of Jharkhand, following the path of West Bangar, Maharashtra and Kerala, has also withdrawn the general agreement given to the CBI. Now the Central Investigation Agency will have to get the consent of the state government before going for investigation into a case in Jharkhand. On Thursday evening, Hemant Soren government of Jharkhand has approved this decision.
In recent times, the governments of West Bengal, Rajasthan, Chhattisgarh, Andhra Pradesh, Rajasthan and Kerala also took similar decisions and withdrew the general consent given to the CBI. Not all these states have a government of BJP or its coalition partners. Jharkhand also has the government of Jharkhand Mukti Morcha, Congress and RJD coalition and Hemant Soren of JMM is headed by it.
Jharkhand Government revokes general consent to the Central Bureau of Investigation to carry out any investigation in the state
– ANI (@ANI) November 5, 2020
What is the general consensus?
Unlike the National Investigation Agency (NIA), which is governed by its own NIA Act and has jurisdiction over the country, the CBI is governed by the Delhi Special Police Establishment Act. The Act makes it mandatory for a state government to consent to investigation in any state.
There are two types of consent
There are two types of consent. First case specification and second general (general). Although the CBI has jurisdiction over the departments and employees of the Central Government, it needs the consent of the State Government to investigate any matter related to the State Government. Only then, she can investigate the case in the state.
What is the meaning of withdrawal of general consent?
This simply means that the CBI will not be able to register a new case against any person in these states without obtaining case-specific consent. Withdrawal of the general consent means that all the rights of any CBI officer as a police officer cease as soon as they enter these states without the permission of the state government.