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Telangana withdraws general consent to CBI, Additional AG informs high court

The order was issued on August 30. The matter, however, came to light during arguments in a petition filed by the BJP seeking a CBI probe into an alleged attempt to bribe four TRS MLAs.

The matter, however, came to light after the Additional Advocate General to the Telangana High Court informed the court about the withdrawal of consent. (file)

The Telangana government has withdrawn the general consent given to the Central Bureau of Investigation (CBI) to probe cases in the state.

The order was issued by the Principal Secretary (Home) on August 30. The matter, however, came to light after the Additional Advocate General to the Telangana High Court informed the court on Saturday about the withdrawal of consent during arguments in a petition filed by the BJP seeking a CBI probe into an alleged attempt to bribe four TRS MLAs.

On Wednesday (October 26) evening, the Cyberabad police had arrested three persons from a farmhouse at Moinabad while allegedly discussing plans to bribe the four TRS MLAs. Tandur MLA P Rohith Reddy had tipped off the Cyberabad police who set up cameras and voice recorders to trap the three men discussing deals to pay Rs 50-100 crore to lure TRS MLAs into the BJP.

The BJP had moved the High Court seeking a CBI probe on the poaching allegation by TRS. The withdrawal of the general consent to CBI through the August 30 order issued by Telangana government came to be known during the course of the High Court hearing.

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On August 30, the Telangana Home Department issued GO (Government Order) 51 which states that the “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.”

Explained

Friction over CBI consent

The withdrawal of general consent to CBI by states has now become a political tool, with rising friction in Centre-state relations. In March, Meghalaya withdrew its general consent. Earlier, eight states withdrew consent: Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala and Mizoram. In Maharashtra, the current government reversed the MVA’s move to withdraw consent.

“Consequent to the withdrawal of all previous general consents issued earlier… prior consent of (the) Government of Telangana shall be required to be taken on a case-to-case basis for investigation of any offence or class of offences, under Section 3 of the Delhi Special Police Establishment Act, 1946 by the Delhi Special Police Establishment, in the State of Telangana,” the order said.

The Central Bureau of Investigation (CBI) is governed by The Delhi Special Police Establishment (DSPE) Act, 1946, and it must mandatorily obtain the consent of the state government concerned before beginning to investigate a crime in a state. General consent refers to consent by default, in the absence of which the CBI would have to seek the state government’s consent to probe each case.

First published on: 30-10-2022 at 14:41 IST