Biased, motivated’: Karnataka withdraws general consent to CBI; no link to MUDA case, says minister

“The Governor, who is the highest authority in the state, has upheld a false allegation against the state government. Where are the documents to show the involvement of the CM in the MUDA case?” he said.

Elaborating on the reasons behind the decision, Patil said, “The CBI and the Centre have not been using their instrumentalities in a judicious manner. So, case-by-case we will verify and give (consent) to the CBI, general consent has been withdrawn.”

He underlined that “in the case of the CM, the court has directed a Lokayukta inquiry. The question of the withdrawal of general consent to the CBI is not linked to the MUDA case.”

There is concern being expressed day in and day out that the CBI is misused, he said. “When we have given cases to CBI or when they have been taken up by the CBI some of the cases have not resulted in chargesheets. They refused to file chargesheets or probe, for example, the mining case.”

“Over the last 18 months or so, the CBI has been functioning in a motivated manner. Only office bearers of one party are facing probe. This shows a biased approach,” he said.

Patil said the state government’s move will “strengthen the federal structure as many organs of the central government are working against the structure.”

The state government’s consent to CBI can be either case-specific or general. General consent is normally given by states to help the CBI in seamless investigation of corruption cases against central government employees in their states. This is consent by default, in the absence of which the CBI would have to apply to the state government in every case.

With this, Karnataka now joins the ranks of Opposition-ruled states like Punjab, Jharkhand, Kerala, Rajasthan, Chhattisgarh, West Bengal, Mizoram, Telangana, Meghalaya and Tamil Nadu — which have withdrawn general consent in the past.

With states withdrawing general consent, a parliamentary panel had said in 2023 there was a need to enact a new legislation to define the CBI’s status, functions and powers.

CBI sanction against Shivakumar was withdrawn

At a Cabinet meeting on November 23, 2023, the Congress government decided to withdraw the sanction given to CBI in September 2019 by the previous BJP government to investigate a disproportionate assets case against KPCC president D K Shivakumar, who is now Karnataka Deputy CM.

The state government issued an order withdrawing the sanction on November 28, 2023, and later, the case was referred to the Karnataka Lokayukta police.

On August 29, 2024, a division bench of the Karnataka HC dismissed a CBI plea, challenging the state government’s decision, as “non maintainable” as the dispute was between the CBI representing the Union government and the state government. In its 67-page judgment, the HC said the matter raised in the plea should be addressed by the Supreme Court.

Karnataka BJP MLA Basanagouda Patil Yatnal has filed a petition in the apex court, challenging the Karnataka HC’s verdict.