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States cannot deny entry to CBI to probe cases referred by courts: Govt

Press Trust of India  |  New Delhi 

States cannot deny entry to the (CBI) to probe cases referred by the courts, said Thursday.

The assertion assumes significance amid the ongoing tussle between the CBI and the government over probe into the chit fund scam cases.

The CBI, which functions under the provisions of the Special Police Establishment (DSPE) Act, 1946, can probe offences in a state with prior approval of the concerned.

Further, Constitutional courts can also entrust any case or class of case for investigation in exercise of inherent jurisdiction even without the consent of the respective state government, the said in a written reply to Rajya Sabha.

Once general or specific consent is granted under Section 6 of the DSPE Act, by the where the case is registered; or when the case is entrusted by the Constitutional courts, the powers and jurisdiction of members of the DSPE (CBI) may extend for investigation, he said.

"Withdrawal of consent, if any, by a can be effected prospectively and not retrospectively," said Singh, of State for Personnel.

Further, in the cases which are referred by the Constitutional courts, the entry of CBI cannot be denied by that state as these do not require the consent of the state, he said.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Thu, February 07 2019. 17:20 IST
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