Tamil Nadu Makes State Nod Mandatory for CBI Probe; 10th State To Do So

Amid persistent accusations by the BJP opposition over abuse of central agencies, Tamil Nadu on Wednesday became the latest state to withdraw its public approval of the Central Bureau of Investigation.

This means that the Central Investigation Agency will first have to obtain state permission to begin an investigation. Tamil Nadu has become the tenth Indian state to withdraw its public consent to investigations by the FBI.

Other states withdrawing CBI general approval include Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala and Mizoram. However, Maharashtra reversed the decision after the Bharatiya Janata Party returned to power in the state by overthrowing the MVA-led Udhav Thackeray government.

For those not included, the CBI though a central agency is governed by the Delhi Special Police Establishment Act (DPSEA), a legislature that makes the investigation agency a special wing of the Delhi Police, and so its original jurisdiction is limited to Delhi.

For matters beyond Delhi’s jurisdiction, the CBI needs the approval of the state government in which it is seeking an investigation. However, the Supreme Court and higher courts can order an investigation with CBI in any country even without its consent.

While the CBI will now need to get the Tamil Nadu government’s permission to investigate any new cases in the state going forward, the agency can still investigate old and pending cases.

This comes on the same day that the Tamil Nadu Electricity Minister V.P. Senthil Balaji by the Enforcement Directorate. And sparked sharp reactions from a number of opposition leaders who accused the ruling Bharatiya Janata Party of targeting the leaders of rival parties.