The Karnataka government on Friday withdrew open consent to the CBI to conduct inquiries within its territory. Law Minister HK Patil said the state wished to flag “biased” actions of CBI – which the opposition claims is ordered by the BJP to target its leaders, particularly before elections – and ruled out any link to land scam allegations facing Chief Minister Siddaramaiah.
“We are withdrawing open consent for CBI investigation in the state. We are expressing our concerns about the misuse of the agency. They are biased… that is why are taking this decision.”
“This is not because of MUDA…” Mr Patil told reporters.
“In all cases we have referred to the CBI, they have not filed chargesheets… leaving many cases pending. They also refused to investigate cases we sent. There are numerous such instances.”
Mr Patil said this is meant to “control them (the CBI) from taking the wrong path”.
Karnataka now joins a long list of opposition-ruled states to have revoked open consent for CBI inquiries in their respective territories. The list includes Trinamool-ruled Bengal; Tamil Nadu, where the DMK is in power; the Left-ruled Kerala government; and Punjab, which did so in November 2020, by the Congress government of then Chief Minister Amarinder Singh.
Revocation of open consent means the CBI – as listed in the Delhi Special Police Establishment Act, which governs the agency – requires state governments’ written consent for investigations.
This has been a major flashpoint between opposition states and the BJP-led central government, as the former has claimed the BJP uses federal agencies, like the CBI and Enforcement Directorate, to target its leaders, specially before elections.
In December the centre responded sharply to states’ actions, insisting requiring the CBI to ask for permission had severely limited its powers to investigate cases. A Parliamentary panel said there was a need to enact a law so the agency could probe cases without state “interference”.
At the same time, the panel also acknowledged there need to be safeguards to ensure objectivity and impartiality in functioning of the CBI so states don’t complain of discrimination.
Chief Minister Siddaramaiah faces a police case, as ordered Wednesday by a trial court, in connection with the alleged Mysuru Urban Development Authority land scam.
This comes after the Karnataka High Court, on Tuesday, quashed Siddaramaiah’s challenge to Governor Thawar Chand Gehlot’s prosecution order.