3 hrs ago
Bihar Government Makes Prior Consent Mandatory for CBI Probes
The Bihar government has issued a new rule about CBI investigations.
It says the CBI must first ask Bihar for permission in certain cases.
This applies when the investigation involves Bihar government employees.
It also applies to people working for state-controlled companies, banks, corporations, or financially assisted institutions.
The rule replaces earlier notifications on the same subject.
The CBI can investigate some cases involving central government employees and related individuals across Bihar.
However, the state government will examine requests individually when Bihar public servants are involved.
The CBI gets its legal powers through the Delhi Police Special Establishment Act, 1946.
The Bihar government said prior consent is mandatory for CBI investigations involving the state’s public servants.
A Home Department notification supersedes all previous notifications on the issue.
The notification grants the Delhi Police Special Establishment powers across Bihar for specified offences involving central government employees and related individuals.
Consent is required when cases involve Bihar government employees or entities controlled or financially assisted by the state.
The state government will decide whether to grant investigation powers on a case-by-case basis after receiving a proposal.
- Who
- The Bihar government, the Central Bureau of Investigation, and public servants or employees covered by the notification.
- What
- Bihar has made prior state consent mandatory for CBI investigations involving Bihar government public servants and certain state-controlled or state-assisted institutions.
- Where
- Bihar, India.
- When
- Saturday; the notification was issued before the report was published at 16:05.
- Why
- To require the Bihar government to consider and decide on CBI investigation powers on a case-by-case basis in specified cases.
Key facts
- Issuing authority
- Bihar Home Department
- Consent requirement
- Prior consent from the Government of Bihar is mandatory in specified cases involving state public servants.
- Covered state entities
- Corporations, companies, or banks owned and controlled by the Government of Bihar, and institutions receiving or having received Bihar government financial assistance.
- Decision process
- The state government will decide on requests case by case after receiving a proposal from the Delhi Police Special Establishment.
- Notification status
- The notification supersedes all previous notifications on the subject.
- CBI legal basis
- The CBI derives its powers from the Delhi Police Special Establishment Act, 1946.
Quotes
Bihar Home Department notification
The state government notification specifying the consent requirement for cases involving Bihar-linked public servants and institutions.
“The governor of Bihar hereby accords consent to extension of the powers and jurisdiction of members of Delhi Police Special Establishment throughout the state...for the investigation of offences..... allegedly committed by employees of the Government of India, Public Sector Undertakings and private individuals under direct control of Government of India”
m.rediff.com
“mandatory to obtain the prior consent of Government of Bihar”
m.rediff.com
Sources
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