NEW DELHI: A parliamentary committee on Tuesday asked the government to assess the need for amending existing laws or bring out a new legislation to clearly define the mandate of the CBI and vest more power in it.
The recommendation came after the Central Bureau of Investigation apprised the panel that its investigations are impeded by the withdrawal of “general consent” by states, mainly those ruled by opposition parties.
“CBI has apprised the Committee with great concern that it is unable to take up investigation of new cases in the absence of general consent of the concerned states, especially, in the cases of bank fraud/economic offences and corruption involving central government employees, where there are allegations of misappropriation of huge amount of public money or primarily, the involvement of officials of central government or central PSUs in the commission of criminal misconduct,” the panel said in its report tabled in Parliament.
The committee agrees with the view of the CBI that withdrawal of general consent by states impedes investigation, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice said in its 106th report on Demands for Grants (2021-22) of the Ministry of Personnel, Public Grievances and Pensions.
“The Committee, therefore, recommends the government to assess if there is a need to amend the existing laws or bring out a new law altogether in order to clearly define the mandate of CBI and vest more powers in it,” it said.
Eight states — Mizoram, Bengal, Chhattisgarh, Rajasthan, Maharashtra, Kerala, Jharkhand and Punjab — have withdrawn general consent to the CBI to exercise its powers under the Delhi Special Police Establishment Act, 1946.
According to Section 6 of the DSPE Act 1946, the CBI needs the consent of the state government to exercise its powers and jurisdiction in any area of the state.
Following the consent, the Central government, through a notification under Section 5 of the DSPE Act, extends the powers and jurisdiction of the members of DSPE (CBI) to the state to conduct the investigation.
The consent accorded is generally known by the terms general and specific consent.