Amid 'poaching row', Telangana withdraws general consent to CBI

The Telangana government has withdrawn general consent given to the Central Bureau of Investigation (CBI) in the state, joining a host of non-Bharatiya Janata Party ruled states to deny the central agency a blanket permission to probe cases.

According to a state government order issued on August 30, its prior consent is required for the central probe agency on a case-to-case basis to carry out investigation in Telangana.

Though the government order (GO) was issued two months ago, it did not figure in the public domain until Saturday when the Additional Advocate General (AAG) informed the Telangana high court, during arguments on a petition filed by the Bharatiya Janata Party seeking a CBI probe into the Telangana Rashtra Samiti MLAs poaching case, that the general consent for CBI was withdrawn by the state government.

'Government of Telangana hereby withdraws all previous general consents issued by the State Government under Section 6 of the Delhi Special Police Establishment Act, 1946 (Central Act XXV of 1946), vide any letters or notifications including the Notification issued in G.O.Ms.No.160, Home (SC) Department, dt.23.09.2016, to all the Members of Delhi Special Police Establishment to exercise the powers and jurisdiction under the said Act in the State of Telangana,' the GO read.

The development comes after the BJP and the TRS have indulged in a war of words over several issues in recent past that has led to acrimony between the two parties.

The BJP also dragged Chief Minister K Chandrasekhar Rao's daughter K Kavitha's name in the Delhi liquor policy scam which is being probed by the CBI and the Enforcement Directorate. She, however, denied the allegations.

On August 31, the Chief Minister had said in Bihar's capital Patna that all states should withdraw the general consent given to the CBI.

Addressing a press conference in Patna with Bihar Chief Minister Nitish Kumar by his side, Rao alleged that all central agencies were being 'misused' by the BJP to target its political opponents.

"All central investigative agencies, including the CBI, are being misused by the Centre to target the BJP's political rivals in the country. This should stop now and all state governments should withdraw their consent to the CBI. After all, policing is a state subject," he said.

According to Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, the CBI needs consent from the respective state governments for conducting investigations in their jurisdictions.

If the general consent is withdrawn, the agency has to seek permission from the state government for registering a case.

Eight states, including West Bengal, Chhattisgarh, Rajasthan, Punjab and Meghalaya, have currently withdrawn general consent for the CBI to probe cases in their jurisdiction.

Maharashtra had earlier withdrew the consent but later revoked the decision.