NEW DELHI: States can't deny entry to the Central Bureau of Investigation (CBI) to probe cases referred by means of the courts, Union minister Jitendra Singh mentioned Thursday.
The assertion assumes importance amid the continued tussle between the CBI and the West Bengal government over probe into the chit fund rip-off cases.
The CBI, which functions underneath the provisions of the Delhi Special Police Establishment (DSPE) Act, 1946, can probe offences in a state with prior approval of the state government concerned.
Further, Constitutional courts can also entrust any case or magnificence of case for investigation in workout of inherent jurisdiction even with out the consent of the respective state government, the minister mentioned in a written respond to Rajya Sabha.
Once common or particular consent is granted underneath Section 6 of the DSPE Act, by means of the state government where the case is registered; or when the case is entrusted by means of the Constitutional courts, the powers and jurisdiction of individuals of the DSPE (CBI) would possibly lengthen for investigation, he mentioned.
"Withdrawal of consent, if any, by a state government can be effected prospectively and not retrospectively," mentioned Singh, minister of state for group of workers.
Further, within the cases which might be referred by means of the Constitutional courts, the entry of CBI cannot be denied by means of that state as those don't require the consent of the state, he mentioned.
The assertion assumes importance amid the continued tussle between the CBI and the West Bengal government over probe into the chit fund rip-off cases.
The CBI, which functions underneath the provisions of the Delhi Special Police Establishment (DSPE) Act, 1946, can probe offences in a state with prior approval of the state government concerned.
Further, Constitutional courts can also entrust any case or magnificence of case for investigation in workout of inherent jurisdiction even with out the consent of the respective state government, the minister mentioned in a written respond to Rajya Sabha.
Once common or particular consent is granted underneath Section 6 of the DSPE Act, by means of the state government where the case is registered; or when the case is entrusted by means of the Constitutional courts, the powers and jurisdiction of individuals of the DSPE (CBI) would possibly lengthen for investigation, he mentioned.
"Withdrawal of consent, if any, by a state government can be effected prospectively and not retrospectively," mentioned Singh, minister of state for group of workers.
Further, within the cases which might be referred by means of the Constitutional courts, the entry of CBI cannot be denied by means of that state as those don't require the consent of the state, he mentioned.
States cannot deny entry to CBI to probe cases referred by courts: Govt
![States cannot deny entry to CBI to probe cases referred by courts: Govt]()
Reviewed by Kailash
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February 07, 2019
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