CBI regains seamless access in Maharashtra as CM Shinde reverses Thackeray govt order

The Eknath Shinde government in Maharashtra on Friday overturned a key decision taken by the erstwhile Uddhav Thackeray government to withdraw general consent to the Central Bureau of Investigation (CBI) to probe cases in the state. With this move, the CBI will no longer be required to seek permission from the state government every time the agency enters Maharashtra to investigate a matter, thus, giving the CBI seamless access to probe future cases in the state.

The Shinde government approved the recommendation of the Home department, which is led by Deputy Chief Minister Devendra Fadnavis, for reversing the Maha Vikas Aghadi’s order, passed on October 21, 2020.

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Last year, Maharashtra was among the eight states to have withdrawn the general consent to the probe agency as they claimed that the CBI was being used excessively in these states in order to target its officials and ministers. The other states where the general consent was withdrawn were West Bengal, Kerala, Punjab, Rajasthan, Jharkhand, Chhattisgarh and Mizoram.

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This year, Meghalaya also joined the others to withdraw general consent. Since the CBI falls under the Delhi Special Police Establishment (DSPE) Act, 1946, it is required to seek the consent of the state governments in order to conduct any kind of inquiry or investigation within the state boundaries. Consent can be either case-to-case basis or general in nature.

Due to this move by several states, the Supreme Court had expressed concern over nearly 150 requests for investigation pending before the respective state governments since 2018, reported The Indian Express. The matter was referred to the Chief Justice of India back in November last year. However, armed with a Calcutta High Court judgement, the CBI is free to investigate any central government  employee, who is involved in corruption, working in any state. The Calcutta High Court order has been challenged before the Supreme Court and the matter is still pending.