The Karnataka government, in a cabinet meeting held on Thursday, September 26, decided to withdraw the general consent given to the Central Bureau of Investigation (CBI) to investigate cases in the state. The development comes after a special court gave permission for a Lokayukta probe against CM Siddaramaiah in the Mysuru Urban Development Authority (MUDA) scam case.
Once a state withdraws general consent, the CBI has to seek permission before it can register a case against a person or an entity based in that state. Several states have already withdrawn consent, such as Kerala, Tamil Nadu, Telangana, Punjab, West Bengal, and Maharashtra.
Raising concerns about the misuse of the CBI, Karnataka Law Minister HK Patil said that consent to the CBI to investigate cases would be done on a case-by-case basis and that many cases that were referred to the CBI were pending with the central agency. “We are withdrawing open consent to CBI to investigate cases in the state. They have also refused to probe many cases we have sent. There are several such instances. They are biased, which is why we are taking the decision and not because of the MUDA case. This decision was taken to control the CBI from taking the wrong path,” he added.
A Special Court for MLAs/MPs in Bengaluru on September 25 gave the nod for an investigation against Chief Minister Siddaramaiah in the MUDA scam case. Judge Santhosh Gajanana Bhat passed the order and designated the Superintendent of Lokayukta, Mysuru district, to probe the case. The court has asked Mysuru Lokayukta to submit the report by December 24.
The CBI derives its powers to investigate cases from the Delhi Special Police Establishment (DSPE) Act, 1946. It grants the central agency to investigate a case in Delhi without any permission since it is part of the Union government. However, in all the states, the CBI needs the consent of the state to investigate any case relating to that state or having jurisdiction of that state.
The Union government can authorise the 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 the CBI to investigate such a crime anywhere in the country without the consent of states.
The Maharashtra government, in 2020, had similarly revoked consent during an investigation into manipulation of TRPs (Television Rating Points) by the Mumbai Police. Mumbai Police Commissioner Param Bir Singh had named Republic TV and two other Marathi channels in connection with the scam, and Republic’s Arnab Goswami called for the CBI to take over the probe.
