Tamil Nadu Makes State Assent Mandatory For CBI Probe; 10th state to do so

Amid the opposition’s ongoing accusation against the BJP over misuse of central agencies, Tamil Nadu on Wednesday became the latest state to withdraw blanket consent to the Central Bureau of Investigation (CBI).

This means that the central investigative agency will first have to receive permission from the state to begin an investigation. Tamil Nadu became the 10th Indian state to withdraw its blanket consent to CBI investigations.

Other states that withdrew blanket consent to the CBI include Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala, and Mizoram. However, Maharashtra reversed the decision after the BJP returned to power in the state by ousting the MVA government led by Uddhav Thackeray.

For the inexperienced, the CBI, despite being a central agency, is governed by the Delhi Special Police Establishment Act (DPSEA), a legislature that makes the investigative agency a special wing of the Delhi Police. and therefore its original jurisdiction is limited to Delhi.

For matters beyond the jurisdiction of Delhi, the CBI needs the consent of the government of the state in which it seeks to conduct an investigation. However, the Supreme Court and higher courts can order a CBI investigation in any state, even without your consent.

While CBI will now need to get permission from the Tamil Nadu government to investigate any new cases in the state as of now, the agency can still investigate old and pending cases.

This comes on the same day that the Enforcement Directorate arrests the Tamil Nadu Minister of Electricity, V Senthil Balaji. It has provoked strong reactions from several opposition leaders, who have accused the ruling BJP of attacking the leaders of rival parties.