CBI will need written consent for inquiry against state officials, says BJP Govt in Madhya Pradesh

The consent of the state government to CBI can be either case-specific or general. General consent is normally given by states to help the CBI in seamless investigation of cases of corruption against central government employees in their states. This is consent by default, in the absence of which the CBI would have to apply to the state government in every case.

While the Madhya Pradesh Government has not specified withdrawal of general consent, a notification published by its home department on Tuesday said: “(In) matters relating to public servants controlled by the Madhya Pradesh Government, no such inquiry shall be conducted without the prior written permission of the state government. All previous general consent for any other offences and any consent given by the state government on a case-by-case basis for any other offence will also continue to apply.” It said the order would have retrospective effect, from July 1.

“The CBI is ruled as per the DSPE Act. Taking into consideration some changes in the provisions contained in the Bharatiya Nyaya Sanhita (BNS), we have taken this decision. This was advised in recent consultations with the CBI. Anyway, under Section 17A of the Prevention of the Corruption Act, agencies need permission to conduct any inquiry against government officials. This notification was released in the same spirit,” a senior Home department official told The Indian Express.

In the past, states like Meghalaya and Mizoram have withdrawn general consent to the CBI under NDA governments. Others like West Bengal, Jharkhand, Kerala and Punjab have also withdrawn general consent under Opposition governments.

With states withdrawing general consent, a parliamentary panel had said in 2023 that there was a need to enact a new legislation to define the CBI’s status, functions and powers.