Parliamentary Panel Urges New Law For CBI To Conduct Probe 'Without State Consent'

The panel underscored the need for safeguards to maintain objectivity and impartiality in CBI's functioning to prevent discrimination against states.

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Asserting that the withdrawal of 'general consent' by some states has resulted in severe limitations in the Central Bureau of Investigation's powers to investigate critical cases, a Parliamentary panel said on Monday that there is an urgent need to enact a new law and give the federal agency broader powers so that it can investigate cases without "state consent and interference".

At the same time, the panel stated that some safeguards should be put in place to ensure objectivity and impartiality in CBI operations so that states do not feel discriminated against.

The panel's report, presented on Monday, highlighted the impact of some states withdrawing 'general consent,' limiting the CBI's ability to investigate critical cases impartially and objectively, potentially leading to corruption and organised crime.

The consent of the state government is required for any CBI investigation under the Delhi Special Police Establishment (DSPE) Act. Nine states have currently withdrawn general consent, requiring specific consent for each case.

The panel emphasised the urgent need for a new law, in addition to the DSPE Act, to define the CBI's status and functions, granting greater powers for independent investigations without state consent. The report acknowledged non-NDA governments' concerns in some states about the alleged misuse of agencies to target political rivals.

"With reference to this only the Committee reiterates that as on date, nine states have withdrawn the general consent they had given to the CBI for investigating cases. This has led to severe limitations on the powers of CBI to investigate crucial cases impartially and objectively which will give rise to corruption and organised crimes in states," the report said, as reported by PTI. 

The panel recommended that the'state's consent clause' be removed in cases deemed threats to the nation's security and integrity, emphasising that delays in such investigations could lead to widespread citizen dissatisfaction. The report also highlighted the CBI's proposed changes to recruitment rules, which aim for a 60:40 split in filling inspector positions through promotion and deputation/absorption.

"The aforesaid proposal is already under consideration. However, the position will be reviewed in case the proposed amendment does not meet out the functional requirement," the report said.

The current 50:50 recruitment formula for these positions may be modified based on functional requirements. According to the report, the CBI filled 308 positions last year, including joint director, deputy inspector general, superintendent of police, and others.