The Madhya Pradesh government has taken a decisive step by issuing an order that requires the Central Bureau of Investigation (CBI) to obtain written permission before initiating inquiries against its public servants. This notification, released on Tuesday, July 16, applies retrospectively from July 1.
The order, issued by the Home Department, cites Section 3 of the Delhi Special Police Establishment Act, 1946, stating that no investigations can be undertaken in cases involving public servants under the control of the Madhya Pradesh government without the state’s prior written consent. Therefore, the CBI must seek permission from the state government to proceed with investigations, as outlined in Section 6 of the Delhi Special Police Establishment Act.
The order emphasizes that previously granted general consents for other offenses and case-specific consents remain in effect. However, it clarifies that no permission is required for investigations involving central government officials or private individuals.
This new framework is attributed to the implementation of the ‘Bharatiya Nyaya Sanhita’, a set of three new criminal laws passed by the central government. Home Department sources informed NDTV that this rule was implemented to ensure compliance with these new laws.
Sanjay Dubey, the state home secretary, explained that this provision is not new, but the notification was issued after the ‘Bharatiya Nyaya Sanhitha’ came into effect to facilitate smooth operations.
It’s important to note that the trend of states restricting CBI investigations is not unique to Madhya Pradesh. Several states, including West Bengal, Tamil Nadu, Punjab, Telangana, and Kerala, have revoked their general consent for CBI investigations. In 2020, the Maha Vikas Aghadi government in Maharashtra also revoked general consent, but this order was overturned by the Eknath Shinde-led government in November 2022.
This move by the Madhya Pradesh government raises important questions about the balance of power between the state and central investigative agencies, particularly in the context of the new criminal laws and the growing trend of states restricting the CBI’s authority.
