Karnataka withdraws general consent to CBI as BJP demands probe in MUDA case

In an apparent move to prevent potential CBI interference against Chief Minister Siddaramaiah, the Karnataka Cabinet decided to withdraw permission for the central agency to conduct investigations in the state.

In Short

• Cabinet decision comes amid calls for CBI probe against Siddaramaiah
• Chief Minister faces heat in the alleged Mysore land scam
• CBI requires states' permission for probe, which was granted by Karnataka earlier

The state Cabinet in Karnataka on Thursday decided to withdraw its earlier notification granting unrestricted permission for CBI to conduct investigations in the state.

The move came amid calls for a CBI probe against Chief Minister Siddaramaiah in the MUDA land scam case, after a court on Wednesday directed the anti-corruption body Lokayukta to conduct an investigation.

Under the Delhi Special Police Establishment Act, the government had earlier granted the central probe agency permission to freely carry out criminal investigations in the state.

The Cabinet decision is viewed as a step taken to prevent possible interference against Siddaramaiah by the CBI, which could have initiated an investigation against the Chief Minister under the Prevention of Corruption Act.

The CBI operates under the Delhi Special Police Establishment Act (DPSEA), which designates it as a special unit of the Delhi Police, limiting its original jurisdiction to Delhi. As a result, the agency requires the consent of the state government to carry out investigations within its territorial jurisdiction.

Commenting on the decision, Karnataka Deputy Chief Minister DK Shivakumar said that it is not just Karnataka; several other opposition-ruled states have taken the same decision.

"It is not just Karnataka; all opposition parties across the country have made this decision. In view of that, the Karnataka government has also taken this step. We don't want the CBI to misuse its power," he said.

Karnataka Minister HK Patil, while explaining the decision, alleged that the CBI was being misused, prompting the state to withdraw its consent.

"We have decided to withdraw the blanket permission for CBI investigations. If the court decides to hand over a case to the CBI, then we have no relevance. The CBI is being misused, and they have refused to file chargesheets in several cases," the minister said.

However, the minister claimed that the decision was not taken due to the MUDA case, which involves allegations of irregularities in the allotment of sites to Siddaramaiah's wife by the Mysuru Urban Development Authority (MUDA).

"We have taken this decision to prevent them (CBI) from going down the wrong path," Minister Patil asserted.

The CBI requires two types of consent required for the probe--general and specific. When a state provides general consent to the CBI for investigating a case, the agency does not need to obtain fresh permission each time it enters the state for an investigation or for each individual case. If general consent is withdrawn, the CBI must obtain case-specific consent from the relevant state government for investigations. Without specific consent, CBI officials will lack the powers of police personnel when operating in that state.