As many as nine states, including Telangana and Meghalaya, have withdrawn the general consent given to the Central Bureau of Investigation (CBI) for probing certain offences.

The information was disclosed by Union Minister Jitendra Singh during the winter session of the Parliament in December 2022.

The minister informed the House that as per Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, the CBI requires the consent of the respective state governments to conduct investigations in their jurisdiction.

The state governments had granted general consent to the CBI for the investigation of a specified class of offences against specified categories of persons, enabling the agency to register and investigate those specified matters, Singh elaborated. However, Chhattisgarh, Jharkhand, Kerala, Meghalaya, Mizoram, Punjab, Rajasthan, Telangana, and West Bengal have withdrawn the general consent to the CBI to investigate cases. This move could potentially create roadblocks for the CBI to investigate cases in these states.

Non-BJP-ruled states have accused the CBI of “selectively targeting” Opposition leaders.

The withdrawal of consent could also affect the CBI’s ability to investigate cases that have national significance or interstate ramifications. It remains to be seen how the CBI will navigate these challenges and continue to discharge its duties effectively.

This development highlights the need for a comprehensive review of the DSPE Act, 1946, and its provisions related to the CBI’s jurisdiction and powers.

In March this year, a Parliamentary Committee emphasised the withdrawal of general consent for the CBI probe by several states and stated that the existing law governing the federal probe agency has “several limitations”.

The committee has suggested the need to enact new legislation that defines the CBI’s status, functions, and powers.

“The Committee feels that the Delhi Special Police Establishment Act has many limitations and therefore, recommends that there is a need to enact a new law and define the status, functions and powers of the CBI and also lay down safeguards to ensure objectivity and impartiality in its functioning,” it said.

Rudra Vikram Singh, Supreme Court lawyer said that withdrawal of general consent means CBI does not have the general consent of a state government, it is required to apply for consent on a case-by-case basis and cannot act before the consent is given.

“However CBI can continue to investigate cases in a state registered prior to the withdrawal of general consent. In July 2022, the Calcutta High Court, in a case of illegal coal mining and cattle smuggling being investigated by the CBI, ruled that the central agency cannot be stopped from investigating a Central government employee in another state,” said Singh.

“In its order, the High Court observed that corruption cases across the country must be treated equally and that Central government employees could not be exempted from an investigation on the grounds that their offices were located in states that have withdrawn general consent. The judgment also said that withdrawal of general consent and its ramifications would be applicable in cases where exclusively state government employees were involved,” he added.

This order, however, has been challenged in the Supreme Court, where the matter is still pending. Hence, as it stands, the CBI can use the Calcutta High Court order to its advantage to carry on certain investigations until the order is struck down by the Supreme Court.

Gurmeet Nehra, legal scholar and member of the Supreme Court Bar Association said that CBI can approach the local court of that state for issuing a search warrant and it can register a case in Delhi and proceed with the investigation.

There is a little 10 year old boy in Shillong who has a funny way of looking at things. I call him “Ray” – A named derived from his Khasi first name. I am his mother and this is one of the many stories I have about him.

Now Ray had an intense hate for two subjects in school – science and geography. I’m still drawing nonsensical circles around science, but I think I’ve cracked geography and a geography lesson is one of the most fun things we do together now. I want to talk about a lesson we did a little while ago.

In this lesson, we read about the Thar Desert. The book said something really scary to Ray. It told him that the desert is expanding because we cut down forests and let our cattle eat away all our grasslands. This really worried him. Before we could go on with the lesson, he said, “But I don’t want the desert to reach the Meghalaya.”

I looked at him and said, “It won’t.”

“But the book says that it will.” He insists. “I don’t want to live in a desert.”

I had to think for a bit. See Ray has this way of getting fixated on something and then he dwells on it – a reason why I tutor him myself by redoing every chapter that his teachers have taught in school. His head is full of questions that he would never ask in a classroom kind of space, but he would demand an answer out of me.

“It will not happen tomorrow Ray.” I said, “We’ll all be dead and gone by then. There is no need to stress.”

This did not put him at ease at all. He was worried. “I don’t want to live in India anymore if the desert is growing mei. We have to leave India.”

“There are deserts everywhere.” I said.

“This can happen all over the world?” he asked sounding completely helpless.

“Yes.” I said thinking of Mad Max Fury Road. “But it won’t happen anytime soon. It will probably happen during the time of your great great great great grandchild so you have nothing to worry about.”

This calmed him down for a little while and I was able to finish the lesson. He had his dinner after that, brushed his teeth and got into bed.

As I was tucking him in he said softly, “But I want my great great great great grand son or daughter to live also.”

And it suddenly struck me that even I want my great great great great great grandchild to live.

(This piece has been written by Dalariti Nongpiur with illustrations by Hazel Kharkongor)