The Telangana government has withdrawn the general consent given earlier to the Central Bureau of Investigation (CBI) in the state. The Telangana government on August 30 issued an order withdrawing the general consent given to the Central Bureau of Investigation in the state. From now on the investigation in any case will require prior consent on a case-by-case basis.
This information was given by the Additional Advocate General (AAG) during the debate on a petition filed by the BJP in the Telangana High Court, seeking a CBI probe into the poaching case of TRS MLAs. The development comes after the BJP and TRS engaged in a war of words over several issues in the recent past, which has led to a heated argument between the two parties.
Three men, who allegedly tried to “harass” four TRS MLAs, were arrested on Saturday and sent to judicial custody.
The AAG informed the court that the Home (Special) Department of the government had issued an order-GOM No.51 on August 30, withdrawing all previous general consent issued by it under section 6 of the Delhi Special Police Establishment Act, 1946. was taken.
“On the other hand, learned Additional Advocate General submitted that the petitioner does not have the authority to file this writ petition. GOMs.No.51, Home (Special) Department, dated 30.08.2022 issued by the Government of Telangana withdrawing All previous general consent issued by the State Government under section 6 of the Delhi Special Police Establishment Act, 1946 (abbreviated to ‘the Act’),” the High Court said in its order.
Before Telangana’s action, nine other states had withdrawn consent from the CBI. The list of states includes Meghalaya, Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala and Mizoram.
General Consent to CBI: What It Means
The investigation may be initiated by the CBI in FIRs registered/filed with the local police with the concurrence of the State Government concerned and after due notification by the Central Government extending the powers and jurisdiction of the officers of the CBI in the areas of the State concerned. Investigation can be started. In addition, investigations can be initiated by the CBI on specific directions of a Constitutional Court.
Once a general or specific consent is granted under section 6 of the DSPE Act, 1946 by the State Government where the case has been registered; Or when the case is assigned by the Constitutional Courts, the powers and jurisdiction of the members of the DSPE (CBI) may extend to the investigation prescribed under Section 5 of the DSPE Act, 1946.
The withdrawal of consent, if any, by the State Government may be effected prospectively but not retrospectively. Further, in cases referred by Constitutional Courts, the entry of CBI cannot be denied by that State as it does not require the consent of the State.
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