Tamil Nadu 10th state to block CBI entry into state without consent

Earlier, Chief Minister MK Stalin also hit out at the Bhartiya Janata Party (BJP) leader Prime Minister Narendra Modi-led Indian government. 

The withdrawal of consent by the Tamil Nadu government means that for any investigation, the CBI will now have to secure permission from the state. 

The other nine states which had withdrawn their general consent to the CBI to probe cases include Chhattisgarh, Jharkhand, Kerala, Meghalaya, Mizoram, Punjab, Rajasthan, Telangana and West Bengal.

Therefore Tamil Nadu became the tenth Indian state to withdraw its general consent for investigations by the CBI.

A Home Department release here said that according to a specific provision of the the Delhi Special Police Establishment Act, 1946 (Central Act XXV of 1946) the CBI has to secure prior permission from the state government concerned before going there to conduct a probe.

“The Tamil Nadu government has today issued orders withdrawing the general consent given to certain types of cases in 1989 and 1992 under the aforesaid rule. Accordingly, the CBI has to henceforth get the Tamil N

The Central Bureau of Investigation (CBI) is governed under Delhi Special Police Establishment Act (DPSEA). This by default makes CBI an extended wing of Delhi Police, which in turn is governed by Union Home Minister and BJP leader Amit Shah. 

As per the DPSE Act, the central government can authorise CBI to probe a case in a state but only with the consent of the concerned state government. However, the Supreme Court and high courts can order a CBI probe in any state even without its consent.

this being said, the withdrawal of general consent is limited to any new case that will come up. the central investigative agency can continue probing older cases unless the Tamil Nadu government specifically removes consent on specific cases. 

Further, the probe agency can also continue to investigate cases that were given to it by a court order.

Tamil Nadu chief minister MK Stalin on Wednesday met with State minister Senthil Balaji at the Omandurar government hospital in Chennai. Balaji was hospitalised after he complained of chest pain during questioning by the Enforcement Directorate (ED).

While Stalin arrived at the hospital to meet with Balaji, the Minister for Electricity, Prohibition and Excise, several DMK workers raised slogans against Governor RN Ravi outside the facility.

The Tamil Nadu chief minister later issued a statement stating that DMK will not be intimidated by the threats of the BJP and that people will teach the BJP a lesson in the 2024 elections. He also said both Senthil Balaji and the DMK will bravely fight this case legally.

Updated: 14 Jun 2023, 09:48 PM IST