Delhi High Court asks CBI whether it has Chhattisgarh government consent to investigate offences in the State

The Delhi High Court recently asked the Central Bureau of Investigation (CBI) to explain whether it has the powers to investigate cases in Chhattisgarh given the argument that the State never granted the agency its consent..Section 6 of the Delhi Special Police Establishment Act (DSPE) provides that the CBI cannot exercise its powers or jurisdiction in a State without the consent of that State (unless it is a probe ordered by the High Court or Supreme Court). Justice Yogesh Khanna sought CBI’s response while dealing with a plea filed by former IAS officer Babulal Agrawal..The CBI had earlier arrested Agrawal on charges of corruption. The case was registered against him in 2010 when he was health secretary with the Chhattisgarh government.Later, the ED also registered a case and alleged that he “played an active role in splitting the tender contracts related to the World Bank aided Malaria control program and awarding them to some non-existing entities and thereby, causing loss to the exchequer and pecuniary benefit to himself.”.Agrawal’s counsel told the Court that the CBI has no power to investigate the FIR since Chhattisgarh had not given the CBI its consent. The CBI, meanwhile, said that the Chhattisgarh government through a letter dated February 3, 2001 had granted general consensus under Section 6 and subsequently Department of Personnel and Training (DoPT) issued a notification for investigation of offences as specified in the Schedule under Section 5 of DSPE Act, 1946 within the State of Chhattisgarh.However, Agrawal’s counsel referred to a notification issued by Chhattisgarh in July 2012 stating that the consent of the government was not a consent because it was issued without obtaining approval of the competent authority as required under Rule 19 of Part IV of "Rules of Business of Executive Government of Chhattisgarh".Thereafter a letter dated November 4, 2015 was also issued to the Joint Director, CBI by the Central government narrating this fact, the counsel stated.He also referred to Chhattisgarh government’s response to their RTI application and said that no such consent was granted to the CBI till the year 2013..After considering the case the bench directed the CBI to file a response and inform whether it was granted consent and if not, then what would be its effect.The matter will now be considered on August 28..The court also asked the trial court to adjourn the proceedings till the next date of hearing before High Court. .Advocates Abhimanyu Bhandari, Chirag Madan, Kartika S Sharma, Vidula Mehrotra and Utsav Saxena appeared for the petitioner.CBI was represented through its Special Public Prosecutor (SPP) Nikhil Goel and advocate Kartik Kaushal.