Kerala withdraws general consent accorded to CBI to probe cases, Jharkhand follows

Kerala state government has withdrawn the general consent accorded to the Central Bureau of Investigation (CBI) to probe cases without its prior permission. With this, the left-ruled state has joined a few other non-BJP states that have effected a similar move.

Kerala has become the fifth state to withdraw consent accorded to the CBI under Section 6 of the Delhi Special Police Establishment Act 1946 to probe cases after Maharashtra, West Bengal, Rajasthan and Chhattisgarh. 

The decision was taken by Chief Minister Pinarayi Vijayan during a cabinet meeting on November 4, 2020. The decision comes at a time when the CBI was probing various alleged irregularities in the LDF government's ambitious Life Mission project, a housing initiative for the poor.

Exemption

The Central Bureau of Investigation will be handed over the investigation of cases in necessary situations, only with the special permission of the state government.

Will this strain centre-state relationship?

The decision is most likely to cause further strain in the state government's relationship with the Centre. Other non-BJP ruled states have also similarly withdrawn consent to the CBI to operate in their respective jurisdictions freely.

As per the state government, the law clearly states that law and order and crime investigation are State subjects and the CBI could only probe local cases or charge-sheet suspects with the permission of the State administration.

Jharkhand also withdraws consent accorded to CBI to probe cases

Jharkhand has also decided to withdraw the general consent accorded to CBI to probe cases, becoming the 7th state to do so. The state announced the decision on November 5th, a day after Kerala made the decision. 

The state has joined the league of non-BJP states revoking “general consent” accorded to the CBI to conduct any new probe within its boundaries without prior permission from the state government.

Jharkhand has become the seventh state to do so after West Bengal, Chhattisgarh, Rajasthan, Mizoram and Maharashtra.
However, the restriction to CBI's entry in the state does not apply to any investigation that is already underway.