Kerala Becomes 5th State To Withdraw General Consent To CBI To Probe Cases

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Kerala Becomes 5th State To Withdraw General Consent To CBI To Probe Cases

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With this, it joins other non-BJP states, including Maharashtra, Rajasthan, West Bengal, and Chhattisgarh. The withdrawal of the order will not affect ongoing cases.

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The Kerala cabinet on Wednesday decided to revoke the general consent given to the Central Bureau of Investigation (CBI) to investigate cases in the state. With this, it joins other non-BJP states, including Maharashtra, Rajasthan, West Bengal, and Chhattisgarh. The withdrawal of the order will not affect ongoing cases.

The investigation agency will now have to get prior permission from the state to start an investigation on a particular case. The cabinet said the decision has come in view to protect the spirit of co-operative federalism, reported The Quint.
CBI's power to investigate cases is derived from the Delhi Special Police Establishment Act, 1946. As per Section 6 of the Act, it requires states to grant general consent to look into allegations against central government employees within the state, as the police and public order fall under the purview of state governments.
In general consent, the agency automatically has permission to probe into cases.
In 2017, the Kerala government had issued an order enabling consent to CBI to investigate cases. CBI had registered a case alleging violation in Foreign Currency Regulations Act (FCRA) in the Life Mission project of state government, and the FIR was based on the complaint by Congress MLA Anil Akkara. However, the state High Court stayed the probe for two months, observing that the project doesn't come under FCRA. An official from the Chief Minister's office had told the media that CBI probe into the case was politically motivated.
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