KCR's govt withdraws general consent for CBI in Telangana

HYDERABAD: The Telangana Government has withdrawn its general consent for the Central Bureau of Investigation (CBI) to investigate cases in the State. The Telangana Rashtra Samithi (TRS) Government, led by Chief Minister K Chandrashekar Rao (KCR), has issued a Government Order (GO No.51) to this effect a month ago on August 30, 2022.

Interestingly, this significant administrative development came to light on Saturday (October 29, 2022). The State Government's decision, making Telangana off-limits for the CBI, came out as part of a hearing by the Telangana High Court on a BJP writ petition. The petition seeks a CBI probe into the recent alleged poaching scandal targeting a few TRS MLAs to unravel the exact truth. The TRS blamed the BJP for the scandal.

The counsel for the petitioner, during the hearing, contended that the Cyberabad Police did not act in a fair manner. Alleging that the reputation of the BJP was being tarnished, he sought the high court directions for a CBI investigation into the case.

Responding to this, the additional advocate general, arguing on behalf of the Telangana State, maintained that the petitioner had no locus standi since the Telangana Government had withdrawn its general consent for the CBI in a GO dated August 30, 2022.

"The petitioner does not have locus standi to file this writ petition. G.O.Ms.No.51, Home (Special) Department, dated 30.08.2022, was issued by the Government of Telangana withdrawing all previous general consents issued by the State Government under Section 6 of the Delhi Special Police Establishment Act, 1946 (for short ‘the Act’). Thus, an accused or any person interested does not have any say in the matter unless consent is given by the State Government as required under Section 6 of the Act, for referring the matter to CBI," the additional advocate general has stated.

Incidentally, this happens to be the first proclamation from any functionary or entity on behalf of the Telangana Government on the withdrawal of the general consent for any CBI investigations in the state. If not kept under tight wraps, the GO No.51 has so far been away from the public domain and the revelation by the additional advocate general has taken everyone by surprise.

Withdrawal of general consent to the CBI, in other words prohibiting the Central agency from taking up cases in a particular state, was an issue that first caught public attention in the recent times in the year 2018. The government of Chandrababu Naidu, when the TDP president was the chief minister of Andhra Pradesh, came up with a similar GO to make the state out of bounds for the CBI. It came at the height of the Central agency's searches and raids on a few prominent TDP leaders including MPs.

Even the Maha Vikas Agadi (MVA) government in Maharashtra led by Uddav Thackeray, withdrew the state's general consent for the CBI in an order dated October 21, 2020. The decision was however reversed very recently by the EKnath Shinde regime, which came to power in alliance with the BJP following a split in Shiv Shena.