Originally posted by: prerna4rishav
This might help -
8. Can CBI suo-moto take up investigation of any crime anywhere in the Country?
No. As per section 2 of the DSPE Act, CBI can suo-moto take up investigation of offences notified in section 3 only in the Union Territories. Taking up investigation by CBI in the boundaries of a State requires prior consent of that State as per Section 6 of the DSPE Act. The Central Government can authorize CBI to investigate such a crime in a State but only with the consent of the concerned State Government. The Supreme Court and High Courts, however, can order CBI to investigate such a crime anywhere in the country without the consent of the State.
Looks like based on the above, Rhea's lawyer has appealed to SC to declare CBI inquiry as illegal as of now. If SC wants, it can right away order CBI on its own, State consent is not necessary.
TFS.
So state govt approval is needed but SC has the discretion to reject or accept CBI probe request.
But still ED investigation has nothing to do with CBI or jurisdiction. She can't refuse .
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