he Punjab Government led by Chief Minister Captain Amarinder Singh has revoked general consent orders issued to the Central Investigation Agency (CBI) under the ‘Delhi Special Police Establishment (DSPE) Act, 1946′.
As a result of the revocation of the general consent, the CBI, which comes under the Central Government, will now need to obtain the prior consent of the State Government on a case-to-case basis for investigation of offences in that State.
— The Leaflet (@TheLeaflet_in) November 9, 2020
Earlier, several other opposition-ruled states, including Maharashtra, West Bengal, Rajasthan, Jharkhand and Mizoram had also withdrawn the general consent, alleging that the BJP-led government at the centre was misusing the agency to harass political opponents.
Section 3 of the DSPE Act provides that the Central Government may, by notification, specify the offences or classes of offences, which are to be investigated by the Delhi Special Police Establishment, also known as CBI.
Further, Section 5 of the DSPE Act confers power on the Central Government to extend to any area the powers and jurisdiction of the CBI for the investigation of any offences or classes of offences specified in a notification under section 3.
However, the power under Section 5 of the DSPE Act is subject to Section 6, which provides for the consent of State Government to exercise of powers and jurisdiction by the CBI under Section 5 read with Section 3. Section 6 of the DSPE Act reads as follows-
“Nothing contained in section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in [a State, not being a Union territory or railway area], without the consent of the Government of that State.]”.