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Karnataka withdraws general consent for CBI to probe cases in state, BJP reacts sharply

Karnataka government officials announce the withdrawal of general consent for the CBI to conduct investigations in the state, citing bias in the agency's actions, particularly in relation to ongoing corruption allegations against Chief Minister Siddaramaiah. The decision reflects a growing trend among non-BJP ruled states to restrict CBI's investigative powers.

Karnataka

On Thursday, September 26, 2024, the Karnataka government labeled the Central Bureau of Investigation (CBI) as “biased” in its investigations related to cases under the NDA government led by Prime Minister Narendra Modi. Consequently, the state has decided to withdraw its previous notification that granted the agency unrestricted permission to conduct probes within Karnataka.

This decision aligns Karnataka with several non-BJP ruled states that have recently rescinded their general consent for the CBI. Law and Parliamentary Affairs Minister H.K. Patil announced the withdrawal after a Cabinet meeting chaired by Chief Minister Siddaramaiah. He stated, "The notification granting general consent for the CBI to investigate criminal cases in Karnataka under the Delhi Special Police Establishment Act, 1946, has been withdrawn." According to Section 6 of the DSPE Act, the CBI requires consent from state governments to conduct investigations in their jurisdictions.

Patil explained that the withdrawal was prompted by concerns over the CBI and central government’s judiciousness in using their powers. "We will verify cases individually and provide consent as necessary, but general consent has been revoked," he noted. When asked if this action aimed to "shield" Chief Minister Siddaramaiah, who is under investigation regarding the Mysuru Urban Development Authority (MUDA) site allotment case, Patil clarified, "There is a court order for a Lokayukta probe, so there’s no such question."

He also pointed out ongoing concerns about the CBI’s misuse in various cases. "In cases referred to the CBI, chargesheets have often not been filed, and they have refused to investigate numerous mining cases," he stated. Addressing whether this decision related to the BJP’s call for a CBI investigation into the Karnataka Maharshi Valmiki Scheduled Tribe Development Corporation fund misappropriation case, he emphasized that it was unrelated, as the matter is currently before the court.

By revoking open consent for CBI inquiries, Karnataka seeks to highlight perceived bias in the agency's actions, which opposition parties claim are directed by the Bharatiya Janata Party to target their leaders, especially ahead of elections. "We are expressing our concerns about the misuse of the agency. They are biased, and that is why we are taking this decision," Patil asserted.

The Karnataka government’s decision to withdraw consent places it among a growing number of opposition-ruled states—including West Bengal, Tamil Nadu, and Kerala—that have similarly revoked consent for the CBI. This revocation means the CBI must now obtain written consent from state governments to conduct investigations.

The ongoing tension between opposition states and the BJP-led central government has intensified, with opposition parties accusing the BJP of using agencies like the CBI for political targeting, especially in the lead-up to elections. In December, the central government reacted strongly to such state actions, claiming that requiring permission for CBI investigations severely limits the agency's operational capacity. A parliamentary panel has suggested that a new law be enacted to allow the CBI to probe cases without state interference.

Speaking in Delhi on the Karnataka Government withdrawing the general consent required for the CBI to probe cases in a state, BJP spokesperson Pradeep Bhandari says, "The CM of Karnataka, Siddaramaiah has admitted that there is Prima facie corruption in the MUDA scam. He has admitted that he is guilty. This is the precise reason that he has revoked the general consent given to CBI... The Karnataka HC concluded that the CM was involved in giving an undue benefit of Rs. 55 crores to his family in the MUDA scam... The CM of Karnataka is a corrupt man. To save his corruption, he wants to ensure that no independent agency investigates the matter. The root of the problem is Rahul Gandhi because he promotes the individuals in Congress who are involved in corruption... Rahul Gandhi's Congress is the king of corruption...".

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