Telangana withdraws general consent to CBI to investigate cases

Hyderabad: Telangana government has withdrawn the general consent to Central Bureau of Investigation (CBI) to investigate cases in the state.

The move is seen as an attempt by the KCR-led government to prevent any intervention by the Centre in MLAs poaching case.

The development came amid the political heat generated by the arrest of three alleged agents of BJP while trying to bribe four MLAs of the Telangana Rashtra Samithi (TRS) to make them defect to the BJP.

The BJP has been demanding that the investigation be handed over to the CBI in the ‘MLAs poaching’ case.

Though the Government Order (GO) was issued on August 30, it was kept confidential. It was made public on Saturday when the state government informed the Telangana High Court about the withdrawal of general consent to the CBI during hearing on a petition filed by the BJP seeking direction to transfer the investigation to the Central agency.

The High Court on Saturday stayed investigation in the case till further orders and directed the state government to file its counter by November 4.

“Governments of Telangana hereby withdraws all previous consents issued by the state government under section-6 of the Delhi Special Police Establishment Act, 1946 to all the members of Delhi Special Police Establishment to exercise the powers and jurisdiction under the said Act in the State of Telangana,” reads the GO issued by Ravi Gupta, Principal Secretary, Home Department.

“Consequent to the withdrawal of all previous general consents issued earlier, prior consent of Government of Telangana shall be required to be taken on a case-to-case basis for the investigation of any offence or class of offences,” it added.

As per rules under the Delhi Special Police Establishment Act of 1946, in accordance with which the CBI was formed, the investigating agency has complete jurisdiction over Delhi. But it can also enter the other states with the general consent of that state’s government

In the absence of the permission, the CBI now cannot interfere with any case that takes place within the limits of Telangana.

Cyberabad police on October 26 arrested three alleged agents of BJP including two godmen from a farmhouse at Moinabad near Hyderabad when they were trying to lure four TRS MLAs with offers of huge sums of money.

Ramachandra Bharathi alias Satish Sharma, Kore Nanda Kumar alias Nandu and Simhayaji were arrested during the raid conducted on a tip-off by one MLA Pilot Rohit Reddy.

He alleged that the accused offered Rs 100 crore to him and Rs 50 crore each to three others.

The accused were booked under various sections of the Indian Penal Code (IPC) and Prevention of Corruption Act. They were produced before a magistrate on the night of October 27 but he refused to send them to judicial custody, citing lack of evidence.

Later, the police approached Telangana High Court challenging the orders of the lower court. The High Court set aside the orders of the ACB Court. The police subsequently re-arrested the accused on Saturday and produced them before the ACB Court judge at his residence.

The judge remanded them to 14-day judicial custody.