CBI cannot probe in Tamil Nadu without prior consent

The Tamil Nadu government has withdrawn its general consent (provided under section 6 of the Delhi Special Police Establishment Act) for an investigation by the Central Bureau of Investigation (CBI). CBI will now have to obtain prior permission from the state government for the investigation.

With this decision, the TN govt becomes the 10th state (following Chhattisgarh, Jharkhand, Kerala, Meghalaya, Mizoram, Punjab, Rajasthan, Telangana and West Bengal) to block CBI entry into the state without consent. 

The Tamil Nadu government’s decision comes in the wake of the ruling DMK’s criticism of the BJP government at the Centre alleging that it is “misusing” central agencies to “silence” Opposition leaders.

Notably, the revocation of permission occurred hours after Enforcement Directorate arrested Tamil Nadu electricity minister and DMK leader V Senthil Balaji in money laundering case. 

Chief Minister MK Stalin criticized the BJP government at the Centre for adopting ‘backdoor tactics’ against its political opponents and condemned the ED searches in the state secretariat where the confidential files are maintained.

The CBI is governed under Delhi Special Police Establishment Act (DPSEA). This by default makes CBI an extended wing of Delhi Police, which in turn is governed by Union Home Minister and BJP leader Amit Shah. 

As per the DPSE Act, the central government can authorise CBI to probe a case in a state but only with the consent of the concerned state government. However, the Supreme Court and high courts can order a CBI probe in any state even without its consent.

Notably, the withdrawal of general consent is limited to any new case that will come up. the central investigative agency can continue probing older cases unless the Tamil Nadu government specifically removes consent on specific cases. 

Showing support for the TN govt, the Chief Minister of Delhi said, “The name of CBI and ED should be changed to “BJP Sena” There was a time when these investigative agencies were respected. When they used to raid somewhere or arrest someone, it seemed that person must have done something wrong. Today these agencies have become only political weapons of BJP.”

The government did not clarify whether this would apply to the other central agencies like the Income tax Department and Enforcement Directorate.