CBI now needs permission of state govt to investigate in Rajasthan

Officials of the Central Bureau of Investigation (CBI) will not be allowed in Rajasthan without the permission of the state government, according to a notification issued by the state's Home Department.

Jaipur (Rajasthan): The Rajasthan government has withdrawn its "general consent" to the CBI to conduct raids and investigations, and the agency will now need prior permission from the state, a development which comes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 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 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 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.

Read:No trust on CBI, had to withdraw 'general consent': Rajasthan Minister

Officials said that in June 1990 too, the Rajasthan government had refused to give such 'general consent' to the Centre.

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.

The BJP has questioned the Rajasthan government's move, saying there is "indirect emergency" in the state.

"The way the state government misused the SOG and the ACB and it was afraid of CBI action... There is something fishy," BJP state president Satish Poonia told reporters.

Read:CBI questions Gehlot's OSD in suicide case of Rajasthan police officer

The ruling Congress is facing a rebellion by party leader Sachin Pilot and 18 other MLAs against Chief Minister Ashok Gehlot. A probe by the state police into alleged horse-trading charges based on the purported tapped conversation of some leaders has turned the situation murkier.

A similar action related to CBI had been taken by West Bengal and Andhra Pradesh governments in 2018, alleging that the Centre was misusing the agency to harass opponents.

(With inputs from agencies)