Kerala revokes general consent for CBI investigations in the State [Read Notification]

The Kerala government has withdrawn the general consent accorded to the Central Bureau of Investigation (CBI) to conduct investigations within the State. .A notification to this effect was issued on November 4, which states, ."In exercise of the powers conferred under section 6 of the Delhi Special Police Establishment DSPE Act, 1946 (Central Act 25 of 1946), the Government of Kerala hereby revoke all previous notifications wherein general consent was granted to the members of the Delhi Special Police Establishment to exercise powers and jurisdiction under the said Act in the state for the investigation of the offences under section 3 of the said Act.".With this decision, Kerala has a joined a list of non-BJP ruled States to bar the central agency from exercising its jurisdiction in the concerned State. .The notification, however, clarifies that the revocation of consent is only with respect to future cases. In this regard, it states, ."However such revocation will not affect the pending investigation of cases initiated based on the consent issued under section 6 of the said Act.".Section 6 of the Delhi Special Police Establishment (DSPE) Act, under which the CBI has been constituted, provides that a member of the Delhi Special Police Establishment cannot exercise powers and jurisdiction under the Act in any area in a State without the consent of the government of that State..Section 6 of the DSPE Act requires the consent of the State government for the CBI to exercise jurisdiction and to investigate the offences enumerated under Section 3 of the Act in the areas specified by the Government of India by a notification under Section 5 of the Act..This requirement of consent from the Kerala government now stands revoked. This would effectively bar CBI from investigating cases in the State unless the Supreme Court or concerned High Court orders a CBI probe in individual cases..The development comes close on the heels of the Maharashtra government revoking its consent for CBI investigations, soon after Uttar Pradesh Government handed over the TRP scam case probe to the CBI at a time when the Mumbai Police was also probing an FIR in the matter..[BREAKING] Maharashtra Government withdraws General Consent accorded to CBI to investigate cases within State .In the days following, the LDF-led Kerala Government had also started mulling withdrawing the general consent accorded to CBI. .Chief Minister Pinarayi Vijayan is also cited as having said that the CBI has exceeded its brief in its investigation of the gold smuggling case to malign and destabilise the constitutionally elected government. .The CBI has also been probing the LIFE Mission case, which involves a Kerala Government initiative to provide shelter and housing to the homeless, particularly those whose homes were ravaged by the floods of 2018. In the FIR lodged in relation to the same, the CBI alleges that the State government obtained funds in violation of FCRA norms. .In October, the Kerala High Court stayed the CBI probe into the case while dealing with two petitions filed challenging the investigation. .Earlier, the Government of Rajasthan had withdrawn its general consent in July this year. The West Bengal and Chhattisgarh Governments had also revoked such consent earlier in 2018 and 2019 respectively. .Whereas the Andhra Pradesh Government under the TDP regime had withdrawn the general consent for the CBI in 2018, the next Government helmed by YSRCP's YS Jaganmohan Reddy restored the consent last year. .Read the Kerala Government notification:.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.