The Supreme Court has referred the issue of States withdrawing consent to the Central Bureau of Investigation under section 6 of the Delhi Special Police Establishment Act to Chief Justice of India NV Ramana.
In a case against two Advocates, the CBI had submitted its affidavit stating that 8 states including Maharashtra, West Bengal, Kerala, Punjab Rajasthan, Jharkhand, Chattisgarh, and Mizoram have withdrawn their consent to operate in their territory.
A division bench of Justice Sanjay Kishan Kaul and Justice MM Sundresh observed that it is an issue of concern while referring the matter to the CJI.
In another matter over the similar issue between West Bengal and CBI, the Central Government in its affidavit had said, "It is not understood as to why the State Government came in the way of such investigation which would have an inevitable effect of shielding those who are guilty of such multi-State / pan-India offences."
The affidavit said that the consent which is referred to in Entry 80 of List I and Section 6 of the DSPE Act (Delhi Special Police Establishment Act) is limited to the offenses under List II, since no entry exists in List III for creating offenses in relation to the matters in List III, except to the extent covered by Entry 1, List III which expressly excludes offenses against laws in respect of any of the matters in List I and List II.
Case Title: Central Bureau of Investigation and Anr. Vs. Mohammad Altaf Mohand
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