State govt has authority to give consent to CBI in federal system: Bhagel

Chhattisgarh Chief Minister Bhupesh Baghel on Friday justified his government's move to withdraw consent to the Central Bureau of Investigation (CBI) to probe cases in the state by saying that in a federal government system, unless the Supreme Court or the High Court mandates so, a state has to authority to allow or decline consent.

"In a federal system, there is a provision that if CBI comes for investigation in a state, then state may or may not grant permission. However, if there is an order by High Court or Supreme Court that mandates it, then state government is bound to allow it," Baghel said while addressing the media here.

On Thursday, the newly-elected Congress government in Chhattisgarh decided to withdraw general consent given to the CBI to probe cases in the state, months after the West Bengal and Andhra Pradesh governments did the same.

In its letter, the Chhattisgarh government stated, "The Government of Chhattisgarh, hereby withdraws its consent accorded vide letter under reference for the purpose of section 6 of DSPE Act 1946. It is therefore requested to kindly denotify the MHA notification SO. No 937 dated 25.04.2001 (Copy enclosed for ready reference)."

"It is further requested that the CBI be instructed not to exercise jurisdiction for investigation of any fresh matter on the strength of above referred MHA notification SO. No 937 dated 25.04,2001. Add. Chief Secret'114 ( C. Govt. of Chhattisgarh Home Department", the letter read.