CBI’s powers expanded to investigate private individuals in three BJP-ruled states
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The Central Bureau of Investigation (CBI) has been granted extended powers to investigate private individuals in three states ruled by the BJP: Madhya Pradesh, Odisha, and Goa.
This change, implemented through newly issued notifications, is expected to greatly enhance the investigative capacity of India’s premier investigative agency.
Previously, the 'general consents' provided by states under Section 6 of the Delhi Special Police Establishment (DSPE) Act allowed the CBI to investigate only Union government employees and those working in central public sector undertakings. However, the latest notifications from these states have expanded this scope to include private individuals as well.
This change means that the CBI can now register and investigate cases involving private individuals in these states, even if no Union government employee is implicated in the alleged offense. The inclusion of private individuals in the purview of CBI investigations is a notable departure from previous consents, which did not mention this group.
A former government official told The Wire that the identical wording of these notifications suggests that the text may have been coordinated by authorities in Delhi.
While the CBI still requires prior permission from the state government to investigate state government employees, the broadened mandate now enables the agency to act more comprehensively against corruption and similar offenses within these states.
This expansion of powers comes at a time when the CBI’s role and independence have been subjects of intense scrutiny.
The Supreme Court once described the CBI as a ‘caged parrot’, reflecting concerns over its autonomy. The new powers could, therefore, have a substantial impact on the agency's ability to act against private individuals.
Notably, this move follows the Union government’s admission earlier this month of a suit filed by the West Bengal government, which challenged the CBI's authority to register cases in the state without prior permission after West Bengal had withdrawn its 'general consent'.