New Delhi: The high political drama which unfolded between Mamata Banerjee and the Centre over Central Bureau of Investigation's attempt to probe Kolkata Police chief Rajeev Kumar in connection with the Saradha Chit Fund scam has thrown up a pertinent question on whether CBI can exercise its jurisdiction of forcefully probing matters within the sovereign jurisdiction of a state if the state hasn't given 'General Consent' to the investigative agency to carry out investigations within its territories.

The CBI has been probing the Saradha scam after the Supreme Court transferred the case to it in the Subrata Chattoraj versus Union of India judgment on May 9, 2014. It may be noted that the CBI does not have the general consent from the West Bengal govt to probe or carry out any investigation withing the territorial jurisdiction of the state.

States which have withdrawn General consent given to CBI to probe cases

The withdrawal of general consent to the CBI to exercise jurisdiction within its territory applies prospectively in Andhra Pradesh and West Bengal, both of which withdrew consent last year. In the latter, the then Left Front government gave the consent in 1989. Two months after the Chandrababu Naidu-led government in Andhra Pradesh withdrew general consent accorded to the CBI to probe cases in the state, the Congress government in Chhattisgarh took a similar decision.

What is the Law on General Consent 

Under the Delhi Special Police Establishment Act of 1946, it is mandatory that the agency seeks the consent of the state before probing cases. The law states that law and order is the responsibility of the states and the CBI being a central agency, its powers are limited to Union Territories.

It cannot probe offences committed in states without seeking consent. It is only the Supreme Court and High Court that direct the CBI to probe a crime in a particular state even if the state does not give its consent. In case of a general consent not being granted, the CBI can approach either the Supreme Court or the respective High Court of the state and seek permission to probe an offence.