On Sunday after more than 3 dozen CBI official came to the house of Kolkata Police Commissioner Rajeev Kumar regarding the probe in relation to Ponzi Scheme cases, the state police temporarily detained the officials.
It is for the first time that a straight duo had taken place between CBI and police of a state. It is noteworthy that according to the Delhi Special Police Establishment (DSPE) Act, 1946 from which the legal power of investigation of the CBI are derived from, there is a provision according to which before taking any action in state the CBI must take the permission.
According to the Section 5 (Extension of powers and jurisdiction of special police establishment to other areas) of the Act, “The Central Government may by order extend to any area (including Railway areas) in a State (not being a Union territory) the powers and jurisdiction of members of the Delhi Special Police Establishment for the investigation of any offences or classes of offences specified” in a previous section.
The Section 6 (Consent of State Government to exercise of powers and jurisdiction) states that “Nothing contained in section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in [a State, not being a Union territory or railway area], without the consent of the Government of that State.
These are the states who have applied the Section 6 of the DSPE Act
A few days back the governments of Chhattisgarh, Andhra Pradesh and West Bengal applied the Section six of the Act and stopped CBI from enquiring into cases in states without their permission.
According to this restriction the central authorities, government undertakings and private persons will not be able to investigate directly. However, the order of the court can be canceled after the order of the court.