As many as 221 requests seeking consent for CBI probe are pending with six States, with Maharashtra receiving the highest of 168 of them involving a whopping amount of ₹29,000 crore, the Rajya Sabha was informed on July 28. Of the total requests seeking permission for the federal agency to probe the cases involving an amount of ₹30,912.28 crore, 27 are pending with West Bengal involving ₹1,193.80 crore, nine with Punjab (involving ₹255.32 crore), seven with Chhattisgarh (₹80.35 crore), six with Jharkhand (₹330.57 crore) and four with Rajasthan (₹12.06 crore), according to a written reply by Union Minister of State for Personnel Jitendra Singh.
The highest of 168 requests (involving an amount of ₹29,040.18 crore) seeking consent for CBI probe are pending with Maharashtra, as on June 30, 2022, it said.
Giving details of pendency, the minister said 91 requests are pending with Maharashtra for less than six months, 38 for more than six months and less than one year and 39 for over a year.
Of the total of 27 requests seeking consent from West Bengal for the CBI probe, 25 are pending for less than six months, one for six months to one year and one for over a year, the reply said.
In Punjab, five requests are pending for less than six months and four for six months to one year, it said.
Six requests are pending for less than six months and one for six months to one year, in Chhattisgarh.
In Jharkhand, four requests for consent for CBI probe are pending for less than six months and two for more than six months and one year time, the reply said.
Two requests are pending with Rajasthan for less than six months and two others for six months to one year, it said.
As on June 30, 2022, a total of 101 requests under Section 17A of Prevention of Corruption (PC) Act 1988, involving 235 public servants, are pending with various ministries and departments of the Union government and public sector banks, the reply said.
Section 17(A) of PC Act, 1988 provides for previous approval of the competent authority for an enquiry/inquiry/investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties, it said.
The Act lays down the time line of three months, extendable by one month, for decision by the competent authority, the reply said.
In another reply, the government said nine states, including Maharashtra, Chhattisgrah, Rajasthan, Punjab and Meghalaya, have withdrawn general consent for the Central Bureau of Investigation (CBI) to probe cases in their jurisdiction.
According to Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, the CBI needs the consent from the respective state government for conducting investigation in its jurisdiction, Mr. Singh said.
Power of the CBI to investigate emanates from the DSPE Act.
In terms of the provision of Section 6 of the DSPE Act, 1946, some State governments have granted a general consent to CBI for the investigation of specified class of offences against specified categories of persons, enabling CBI to register and investigate those specified matter, he said.
Mizoram, West Bengal, Chhattisgarh, Rajasthan, Maharashtra, Kerala, Jharkhand, Punjab and Meghalaya have withdrawn or not given general consent to the CBI to investigate cases, according to the minister’s reply.
In States where general consent has not been accorded or where the general consent does not cover the particular case, there is requirement of specific consent of the State government under Section 6 of the DSPE Act, 1946, Mr. Singh said.
Only when the consent of the State government is received, can extension of jurisdiction of CBI under provisions of Section 5 of the DSPE Act, 1946, be considered, he added.
The Supreme Court and high courts also entrust matters for investigation or enquiry to CBI and in such cases, there is no requirement for any notification conveying consent under section 5 or 6 of the DSPE Act, 1946, Mr. Singh said.
“CBI has the capacity, capability and a robust mechanism laid out through the SOPs/guidelines/circulars, issued from time to time, to investigate cases, including cases pertaining to crimes of serious nature or anti-national activities,” the Minister said.
Section 2 of the Act vests DSPE with jurisdiction to investigate offenses notified under section 3 of the Act in the Union Territories only, he said.
The jurisdiction of the DSPE can be extended by the central government to other areas, including railway areas and States under Section 5(1) of the Act, provided a state government accords consent under Section 6 of the Act, Mr. Singh said.
