The Rajasthan government has withdrawn its “general consent” to the CBI to conduct raids and investigations, and the agency will now need prior permission from the state, a development which comes amid a political crisis in Rajasthan.
The decision of the Ashok Gehlot government was taken a day after the Union Ministry of Home Affairs summoned the state government in the phone tapping case.
The state government issued a notification requiring the CBI to take prior consent of the state government for investigation of an offence under section three of the Delhi Special Police Establishment (DSPE) Act, 1946.
According to the officials, the “general consent” of the state government will no longer be valid in the offences under this law. Consent will have to be taken on a case-by-case basis.
Additional Chief Secretary Home Rohit Kumar Singh said, “Its administrative provisions were already there, it was notified yesterday.”
The Union Home Ministry sent a notice to the state government regarding the phone tapping of broker Sanjay Jain for his alleged involvement in horse-trading of MLAs. The Ministry questioned under what rule the tapping was done.
Officials confirmed that there was a fear factor ruling amongst Congress leaders that after the Income Tax and the ED, now the CBI can also be brought into the political war going on between two warring factions — one headed by Chief Minister Ashok Gehlot and the other by former deputy chief minister Sachin Pilot.
However, the notification is not a new thing as the state government had written to the central government in 1990, making it aware that in the cases involving CBI investigation, the state government will only give consent on a case to case basis.
The notification clearly states that if the CBI visits Rajasthan to investigate cases related to the IPC, then it must first get the consent of the state government.
However, in international, national and inter-state matters, the CBI is not required to get the consent of the state government.