Explained: Calcutta HC orders CBI probe into Bogtui killings, here’s how the agency investigates

What is the News?

The Calcutta High Court has ordered the Central Bureau of Investigation (CBI) to investigate the killings in West Bengal’s Birbhum district, where eight persons were burnt alive.

How does the CBI take up cases?

Unlike the National Investigation Agency(NIA), CBI cannot take suo motu cognizance of a case in a state — whether in a matter of corruption involving government officials of the Centre and PSU staff or an incident of violent crime.

In order to take up corruption cases involving central government staff, it either needs general consent of the state government or specific consent on a case-to-case basis. 

For all other cases, whether involving corruption in the state government or an incident of crime, the state has to request an investigation by the CBI, and the Centre has to agree to the same.

In case the state does not make such a request, the CBI can take over a case based on the orders of the High Court concerned or the Supreme Court.

Can the CBI decline to take up a case for investigation?

After a state makes a request for an inquiry by the CBI, the Centre seeks the opinion of the agency. 

If the CBI feels that it is not worthwhile to spend time and energy on the case, it may decline to take it up.

In the past, the CBI has refused to take over cases citing a lack of enough personnel to investigate and saying it is overburdened.

What is the role of state consent in an investigation by the CBI?

Since 2015, as many as nine states — Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala, Mizoram and Meghalaya — have withdrawn general consent to the CBI. 

Withdrawal of general consent means that to probe any case in these states, CBI would have to take prior permission from the state government. CBI has claimed that this has tied its hands.

In 2021, the Supreme Court expressed concern over CBI’s submission that 78% of its 150 requests for sanction to investigate cases were pending with state governments that had withdrawn consent to the CBI.

Source: This post is based on an article “Explained: Calcutta HC orders CBI probe into Bogtui killings, here’s how the agency investigates” published in Indian Express on 26th March 2022.