Delhi Special Police Establishment Act Current Affairs - 2019

Category Wise PDF Compilations available at This Link

Andhra Pradesh CM allows CBI to enter state

The new state government under newly appointed Chief Minister of Andhra Pradesh, Y.S. Jagan Mohan Reddy revoked previous governments’ order of barring Central Bureau of Investigation (CBI) from conducting raids in state without state government permission.

Key Highlights

Background: The previous Telugu Desam Party (TDP) government headed by then Chief Minister N. Chandrababu Naidu issued a government order number 176 ( GO 176), on 8 November 2018 withdrawing ‘general consent‘ to CBI officers for exercising jurisdiction in state and for investigating corruption charges against central government officials and private persons. This GO barred CBI from conducting raids or carrying out investigations in state without its permission.

Then CM and TDP President, N. Naidu accused Modi government of misusing central agencies such as CBI and Income Tax (IT) department to target TDP leaders, stating this as reason for the order.

Recent Developments:

  • The Yuvajana Sramika Raithu (YSR) Congress Party government under Y.S. Jagan Mohan Reddy issued new orders allowing CBI to now operate in Andhra Pradesh.
  • The order for cancelling last year’s Government Order was issued by Manmohan Singh, Principal Secretary (Home) in exercise of his powers under Delhi Special Police Establishment Act (DSPEA), 1946.
  • CBI will now have all powers to take up corruption and other cases in Andhra Pradesh without requiring any state permission.

About Central Bureau of Investigation

  • CBI is the premier investigative agency, headquartered in New Delhi.
  • It operates under jurisdiction of Union Ministry of Personnel, Public Grievances and Pensions and functions under the Delhi Special Police Establishment Act (DSPEA), 1946. It is not a statutory body.
  • Under Section 6 of DSPEA Act 1946, a state government routinely grants consent to CBI for exercising its authority in the respective state.

Chhattisgarh withdraws general consent accorded to the CBI to probe cases in the state

The government of Chhattisgarh has withdrawn the general consent accorded to the Central Bureau of Investigation (CBI) to probe the cases in the state. The general consent was withdrawn under Section 6 of the Delhi Special Police Establishment Act, 1946.

Delhi Special Police Establishment Act, 1946

The Central Bureau of Investigation (CBI) derives its powers to investigate the cases from the Delhi Special Police Establishment Act, 1946. The Delhi Special Police Establishment Act, 1946 provides for a special police force to investigate the offences specified by the central government through the Gazette notification.

Section 6

Section 6 of the Delhi Special Police Establishment Act, 1946 makes the consent of the states mandatory for the CBI to exercise its power and jurisdiction in the state.  The government of Chhattisgarh has revoked section 6 of the Delhi Special police investigation act to withdraw the general consent.

Reasons for Withdrawal

The government of Chhattisgarh has cited the following reasons for the withdrawal:

  • The credibility and integrity of the CBI have been compromised under the present central government.
  • As a result of the free hand to CBI to operate in the state, the law and order and state officers were being disturbed.

The CBI is now required to seek permission from the state government before initiating any investigations.

Chhattisgarh has joined the list of West Bengal and Andhra Pradesh which have withdrawn the general consent for CBI to undertake investigations.