Without permission, NO investigation… Why was this order issued for CBI in MP? Know which states have such a rule

Now, in Madhya Pradesh, the CBI will have to take written permission from the state government before starting an investigation. However, this written permission will be required for investigations related to state government officials and employees.

This means that if the CBI has to investigate against any officer or employee in MP, it will need the state government’s permission. Not only this, permission will also have to be taken for investigating any minister or MLA of MP.

Till now, many states have banned the entry of CBI. Till now, in the states where written permission was required for investigation, the opposition party is in power. But in Madhya Pradesh, there is a BJP government.

Why did the government take this decision?

In the notification issued by the Home Department, it has been said that investigation in the case related to the officers and employees of the MP government or the state government will not be started without written permission.

However, written permission will not be required to investigate against the officers and employees of the central government and any private person.

The MP government has issued this notification using Section 3 of the Delhi Special Police Establishment Act 1946. However, the government says that this provision was already there. Home Secretary Sanjay Dubey told an English newspaper that this is an old provision, but due to the implementation of the Indian Justice Code (BNS), the notification has been issued again.

Overall, this means that the CBI will have to take written permission to start an investigation of any person or case related to the state government. It will depend on the state government whether it allows the investigation or not. Although the Home Department has issued this notification on Thursday, this rule has come into effect from July 1.

Why does CBI need consent?

CBI was formed under the Delhi Special Police Establishment Act 1946. Section 6 of this law says that CBI will have to take written permission from the state government for investigations related to all matters except the Central Government and Railways.

Two types of permissions are given to CBI by the governments. One permission is related to the investigation of a particular case and the other is general consent. Generally, most of the states have given ‘general consent’ to CBI. On getting general consent, CBI can investigate in the states without any hindrance.

When the state government withdraws the general consent, then CBI has to take permission for investigation in every case. Not only this, it is necessary to take permission even for small actions. On withdrawing the general consent, CBI cannot even register a case against any person or employee of that state.
[11:42 PM, 7/19/2024] Nonna: So will CBI not be allowed to enter now?

CBI may be a central government agency, but it investigates a case only when it receives an order from the High Court, Supreme Court or the Centre. If the case is of a state, then permission has to be taken from the state government for investigation.

There is no mention of withdrawal of ‘general consent’ anywhere in the notification of the MP government. That means, CBI can still investigate in MP without any hindrance.

However, if CBI has to investigate against any employee-officer or minister-MLA of the state government in MP, then it will have to take written permission from the state government.

Where is CBI’s entry banned?

CBI’s entry is banned in many states of the country. If CBI has to investigate here, it will have to take permission from the state government. CBI’s entry is completely banned in Jharkhand, Punjab, Telangana, West Bengal and Kerala. Here the state governments have withdrawn the general consent given to CBI.

Earlier, the entry of CBI was banned in Meghalaya, Mizoram, Chhattisgarh and Rajasthan when the opposition party was in power. However, after the NDA government came to power in these four states, general consent has been given again.

Do other agencies also have to take permission?

CBI has to take permission from the state government. But other central agencies do not need such permission. Be it National Investigation Agency (NIA) or Enforcement Directorate (ED). These agencies can go anywhere in the country and investigate. They do not need the permission of the state government to investigate in the states.