The Bihar government has announced that the Central Bureau of Investigation (CBI) must obtain prior permission before probing cases involving state public servants. This directive, issued by the Home Department (Police Branch), establishes a new protocol for the agency when dealing with officials employed by the Bihar government.

Details of the Notification

The notification, enacted in the name of the Governor of Bihar, is rooted in the authority granted by Section 6 of the Delhi Special Police Establishment Act, 1946. It supersedes all earlier notifications pertaining to the subject and outlines the CBI’s general consent to investigate offences involving employees of the Government of India and Public Sector Undertakings (PSUs), as well as private individuals under various legal statutes.

Notably, an exception is made for cases involving state public servants. The directive specifies that if the investigation pertains to offences involving public servants associated with the Bihar government or agencies under its control, prior consent from the state government is mandatory. This provision also extends to corporations, banks, or institutions receiving financial support from the state.

Furthermore, the notification clarifies that the consent will not be automatically granted. Each case will be evaluated individually, with the state government considering proposals from the Delhi Special Police Establishment before granting the necessary authority to conduct investigations.

Historical Context of CBI’s Formation

The CBI has its origins in the Special Police Establishment (SPE), established in 1941 by the Government of India. Originally tasked with investigating bribery and corruption related to the War & Supply Department during World War II, the agency evolved to meet the ongoing demand for a centralised entity to combat corruption among governmental employees.

After the war concluded, the necessity for a central investigative agency continued, leading to the enactment of the Delhi Special Police Establishment Act in 1946. This legislation formally sanctioned the CBI’s investigative powers, allowing it to address bribery and corruption cases involving central government employees.

In summary, this recent directive from the Bihar government aims to establish a structured framework for how investigations involving state officials are conducted, in line with historical context and legislative mandates.

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