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CBI v/s Mamata

CBI v/s Mamata

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Why in news?

  • A team of about 40 CBI officials arrived at Rajeev Kumar’s residence in Kolkata, however, they were stopped by the Kolkata police. Reportedly, a scuffle also broke out between the police officers and the CBI officials, following which five CBI officials were detained.

 Latest issue

  • The CBI, which is probing the chit fund scams, had earlier issued summons to Kolkata top cop Rajeev Kumar to question him in connection with the investigation. Kumar had previously been a part of the Special Investigation Team (SIT) that had been probing the Saradha and Rose Valley scams before the Supreme Court asked the CBI to take over the case in 2014.
  • CBI sources have claimed that they wanted to speak to all members of the SIT as they believed that certain crucial documents regarding the case had gone missing when the SIT handed over the case to the probe agency.
  • Sources said that CBI had issued summons to Kumar in the past but they had not been answered. On Sunday, a few reports alleged that Kumar had missed work since Friday and had gone missing, even though it was later claimed that he was simply “on leave”.

 About general consent of CBI

  • Unlike the National Investigation Agency (NIA), which is governed by its own NIA Act and has jurisdiction across the country, the CBI is governed by the Delhi Special Police Establishment Act that makes consent of a state government mandatory for conducting investigation in that state.
  • There are two kinds of consent: case-specific and general.
  • Given that the CBI has jurisdiction only over central government departments and employees, it can investigate a case involving state government employees or a violent crime in a given state only after that state government gives its consent.

 Under what provision has general consent been withdrawn?

  • Section 6 of the Delhi Special Police Establishment Act says, “Nothing contained in Section 5 (which deals with jurisdiction of CBI) shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union Territory or Railway, area, without the consent of the Government of that State.” Delhi Special Police Establishment Act, 1946

Supreme court on general consent

  • Supreme Court judgment in the case of Kazi Lhendup Dorji versus CBI. Supreme court clarified that an on going case should be allowed to reach its logical conclusion irrespective of withdrawal of consent by the state for CBI under section 6

 What supreme court said in feb 2019?

  • Kolkata Police Commissioner Rajeev Kumar cannot be arrested but he has to appear before the CBI in Shillong, make available all evidence and cooperate with investigations into chit fund scams in Bengal, the Supreme Court said today as the CBI accused the officer of “doctoring evidence” and shielding the accused.

 Facts for prelims – About CBI

  • The Central Bureau of Investigation (CBI) is the premier investigating agency of India. Operating under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions, the CBI is headed by the Director.
  • The agency has been known to investigate several economic crimes, special crimes, cases of corruption and other high-profile cases.
  • India’s first agency to investigate corruption, the Special Police Establishment, was set up in 1941, six years before independence from British rule to probe bribery and corruption in the country during World War II.
  • In 1946, it was brought under the Home Department and its remit was expanded to investigate corruption in central and state governments under the Delhi Special Police Establishment Act.
  • The special police force became the Central Bureau of Investigation after the Home Ministry, which is in charge of domestic security, decided to expand its powers and change its name in 1963.