States cannot deny entry to CBI to probe cases referred by courts: Union Minister Jitendra Singh
"Withdrawal of consent, if any, by a state government can be effected prospectively and not retrospectively," said Singh.
In view of the ongoing tussle between the Central Bureau of Investigation (CBI) and the West Bengal government over probe into the chit fund scam cases, Union Minister Jitendra Singh on Thursday said states cannot deny entry to the CBI to probe cases referred by the courts. The CBI, which functions under 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 class of case for investigation in exercise of inherent jurisdiction even without the consent of the respective state government, the minister said in a written reply to Rajya Sabha.
Once general or specific consent is granted under Section 6 of the DSPE Act, by the state government where the case is registered; or when the case is entrusted by the Constitutional courts, the powers and jurisdiction of members of the DSPE (CBI) may extend for investigation, he said.
"Withdrawal of consent, if any, by a state government can be effected prospectively and not retrospectively," said Singh, Minister of State for Personnel.
Further, in the cases which are referred by the Constitutional courts, the entry of CBI cannot be denied by that state as these do not require the consent of the state, he said.