PATNA: The Bihar government has made it mandatory for the CBI to obtain prior consent from the state government before investigating allegations against government officials, employees or entities under its control, according to a Home (Police) Department notification.
The notification, issued in the name of the Governor under Section 6 of the Delhi Special Police Establishment Act, 1946, lays down the circumstances under which the CBI can conduct investigations in the state. While consent is generally granted for CBI probes involving Central government employees, public sector undertakings and certain private individuals, the notification makes it clear that investigations concerning Bihar government servants or state-controlled bodies will require the state’s explicit approval.
Such consent will be considered on a case-by-case basis after the state receives a proposal from the central investigating agency under the Delhi Special Police Establishment Act, the notification said.
The move effectively places an additional procedural requirement on CBI investigations involving Bihar government personnel and state-controlled organisations.
The CBI’s investigative powers trace their origins to the Special Police Establishment set up in 1941 to investigate bribery and corruption during World War II. The Delhi Special Police Establishment Act, 1946, subsequently provided the statutory framework for the agency’s investigations, particularly in cases involving Central government employees and matters under the Union government’s jurisdiction.
Reacting to the Bihar government’s notification, a CBI officer said that the Bihar government may have set a precedent for other states to follow and allow the CBI a bigger scope of investigation. The officer said the order has given the agency more powers and is less about restricting them.
Under the earlier provision, CBI was not mandated to seek the Bihar government’s prior permission to probe against state officials, but now under the new provision, the premier investigating agency cannot start a probe against officials without getting a nod from the state government.