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Mumbai: Maharashtra government in its order of October 21, 2020 revoked the general consent granted to Central Bureau of Investigation (CBI) to carry out investigation in the state. This general consent was granted to CBI by the government of Maharashtra by its order dated 22-02-1989, states an official press release issued here on Thursday.
Article 5 of Delhi Special Police Establishment Act 1946 (DSPE Act 1946) enables the CBI to carry out investigation in any state of India. Article 6 of the same act makes it mandatory for CBI to seek consent of the concerned state to carry out such investigations.
Maharashtra government in its order dated 22-02-1989 had granted general consent to CBI for conducting investigation for matters falling under Prevention of Corruption Act, 1988 and other general matters.
However, the Supreme Court has ruled in certain cases that CBI cannot use such granted authority without the consent of the states according to article 6 of Delhi Special Police Act, 1946.
1) Mayawati v/s Central Government (2012) 8 SCC 106
2) M. Balkrishna Reddy v/s CBI (2008) 4 SCC 409.
Previously, Rajasthan, West Bengal and few other states have rescinded such General Approvals granted to CBI.
Maharashtra government has revoked this general consent granted to CBI in its new order dated 21-10-2020. Now CBI will have to seek consent of the State of Maharashtra to carry out new investigations in the state.
The result given by Supreme Court in the matter Kazilhendup Dorji v/S CBI, 1994 clarifies that rescinding such consent of investigation cannot be applied to on-going investigations.
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