New Delhi: States do not have the authority to disallow the Central Bureau of Investigation (CBI) entry to probe cases referred by the courts, said Union Minister Dr Jitendra Singh amid the ongoing clash between the country's top crime-fighting bureau and the West Bengal government over a probe into the chit fund scam cases. Constitutional courts can also entrust any case or class of case for investigation in the exercise of inherent jurisdiction even without the consent of the respective state government, Dr Jitendra Singh said in a written reply to a question in Rajya Sabha.
"Withdrawal of consent, if any, by a state government can be affected prospectively and not retrospectively. Further, in the cases which are referred by the constitutional courts, the entry of CBI cannot be denied by that state as these do not require the consent of the state"- Dr Jitendra Singh
"Once general or specific consent is granted under Section 6 of DSPE Act, 1946 by the state government where the case is registered; or when the case is entrusted by the Constitutional courts, the powers and jurisdiction of members of the DSPE (CBI) may extend for investigation as stipulated under Section 5 of DSPE Act, 1946," Singh said.
"Withdrawal of consent, if any, by a state government can be affected prospectively and not retrospectively. Further, in the cases which are referred by the constitutional courts, the entry of CBI cannot be denied by that state as these do not require the consent of the state" he added.
The Supreme Court earlier this week restrained the CBI from taking coercive steps against Kolkata Police Commissioner Rajeev Kumar — including arresting him — giving West Bengal's Mamata Banerjee government some relief. Although on the CBI's petition, the top court issued a notice to the West Bengal government.