Demand to withdraw general consent to CBI grows

“Maintaining law and order is the primary duty of the state government and since CBI is also a police unit of the Union government it should not be allowed to investigate cases in Tamil Nadu. Investigation of cases inside Tamil Nadu should be done by local police units,” VCK MP D Ravikumar told DT Next. The CBI, which was established in 1941 as Special Police Establishment and later named as Delhi Special Police Establishment, is governed by a pre-Independent Act named Delhi Special Police Establishment Act of 1946. According to the Act, though the jurisdiction of the central police body extends across the country, investigation can be carried out in a state only after obtaining a general consent of the state government.

However, recently, there were several allegations on CBI that the body is used for political reasons following which eight states in India such as West Bengal, Andhra Pradesh, Kerala, Maharashtra, Punjab, Rajasthan, Chattisgarh and Mizoram have withdrawn their consent. Out of the eight states, seven are ruled by Opposition parties and Mizoram though ruled by Mizo National Front, an alliance partner of BJP, the state has withdrawn the consent.

The important allegation of the political parties on CBI seems to be that the police body is used for political reasons. “The ruling BJP in the Centre is using CBI as their political weapon to threaten state leaders and to destabilise the state governments. The DMK which says that it is the champion of rights of the state government should immediately withdraw the general consent for CBI. However, the National Investigation Agency (NIA) does not have to obtain general consent from any state government and Chief Minister MK Stalin should fight to make an amendment that NIA should also obtain consent from the state government before investigating a case,” said Ravikumar.

When DMK spokesperson and Rajyasabha MP RS Bharathi was asked whether the ruling DMK has any plans to withdraw the general consent for CBI, he replied that Stalin will make a “positive” decision on the issue soon.