In an exclusive interview with a media channel, Chief Minister of Bihar Nitish Kumar said that his government had initiated a CBI probe into the death of Sushant Singh Rajput. ) Is recommended. Earlier, an FIR was registered in Patna in this regard. Let us know how constitutionally it is possible for the Bihar government to do so if the CBI recommends an inquiry. We spoke to lawyer and constitutional expert Varag Gupta about this. He explained the nuances. According to him, in general, a CBI probe can be demanded in many situations, but in general, which state can recommend it and then what will be done, it is decided.
It is not within the purview of the Bihar government
He said that the state in which the accident took place and the matter falls under the jurisdiction of the state government. The matter can be investigated directly by the police of that state. As for the CBI probe, the Bihar government has of course demanded a CBI probe, but it does not fall under its purview.
Only the state where the accident occurred can make a recommendation
Constitutionally, when a state recommends a CBI probe, it is sent to the central government. Since this case has taken place in Maharashtra, the approval of the Maharashtra government will be required first in this case, then the Center can appoint a CBI to investigate it, otherwise not.
Only then can there be a CBI probe
This means that the Bihar government may, of course, recommend a CBI probe, but the matter will go ahead only if Maharashtra agrees, otherwise not. He also said that constitutionally the Bihar government does not have the right to register an FIR in the Mumbai incident, as it creates a situation of constitutional illegality. Of course, it would be better for the Bihar government to register its concern with the Maharashtra government and demand a speedy inquiry.
