General Consent Accorded to CBI to Investigate Cases Within State Withdrawn By Maharashtra Government
The Maharashtra government exercised its powers under Section 6 of the Delhi Special Police Establishment Act, 1946, and withdrew the consent accorded to the Central Bureau of Investigation (CBI) to probe cases within the State.
Maharashtra Government withdraws consent to CBI via Notification dated October 21, 2020
The Home Department of the Maharashtra Government released an order on October 21, 2020. Through the order, the consent that was given on February 22, 1989, was revoked. The notification stated,
"In exercise of the powers conferred by section 6 of the Delhi Special Police Establishment Act, 1946 (25 of 1946), the Government of Maharashtra hereby withdraws the consent according to the members of Delhi Special Police Establishment vide Government Order, Home Department, No. MIS 0189/CR-28/POL-3, dated 22nd February 1989, as also by any other instruments issued by the Government of Maharashtra."
The notification was released soon after the Uttar Pradesh Government handed over the TRP scam case probe to the CBI. The Mumbai Police is also investigating a separate FIR concerning the same scam.
Section 6 of the Delhi Special Police Establishment (DSPE) Act
Section 6 of the Delhi Special Police Establishment (DSPE) Act provides that a member of the Delhi Special Police Establishment cannot exercise powers and jurisdiction under the Act in any area in a State without the consent of the Government of that State. The Section also requires the consent of the State Government for the CBI to exercise jurisdiction and to investigate the offences enumerated under Section 3 of the Act in the areas specified by the Government of India by a notification under Section 5 of the Act.
In addition to Maharashtra, several other states have also exercised their power under section 6 namely, Rajasthan, Andhra Pradesh and West Bengal
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