CHENNAI: The new TVK government has yet to decide on whether it would follow in West Bengal’s steps in restoring General Consent (GC) for the Central Bureau of Investigation (CBI) to conduct probes in the state.
The DMK government led by MK Stalin on June 14, 2023 withdrew the GC granted to the CBI in 1989 and 1992 with regard to certain categories of cases. The DMK said the move was aimed at upholding state autonomy. The withdrawal of GC came a day after Enforcement Directorate sleuths searched the office of then minister V Senthil Balaji in the secretariat.
West Bengal restored the GC after a gap of eight years with the change in government. As per Section 6 of the Delhi Special Police Establishment Act, 1946, the CBI requires prior consent from state governments to conduct probes within their jurisdiction. GC allows the CBI to carry out probes without seeking permission on a case-by-case basis.
“Decisions on such issues will be taken by our CM. We are yet to consult with him on this issue,” Minister CTR Nirmal Kumar told TNIE, when asked about the TVK government’s stand.
Explaining why then government had revoked the GC, DMK legal wing secretary NR Elango said the agency had been registering cases in a manner that infringed upon the state’s autonomy. “If the HC or SC transfers a case to CBI, the agency need not get the state government’s consent.
Since there are already sufficient safeguards in place, even if the state governments hide anything, the court can intervene. But the union government misused the GC given to the CBI,” he said, adding that the withdrawal of GC should continue.
Mizoram was the first state to withdraw the GC to CBI in 2015. West Bengal did it in 2018, followed by Chhattisgarh in 2019. Rajasthan, Maharashtra, Kerala, Jharkhand and Punjab withdrew GC in 2020, followed by Telangana in 2022, TN in 2023 and Karnataka in 2024.
