HYDERABAD: Telangana government withdrew all it's previous general consents to CBI probe in the State through a GO issued on August 30 this year. The GO 51 was not placed on the public domain, stating that it is a 'confidential' GO. However, it came to limelight during the arguments in the High Court on Saturday, while BJP requested the court to hand over the alleged poaching of four TRS MLAs case to CBI.
The GO 51 issued by principal secretary (Home) Rajiv Gupta said: "Government of Telangana hereby withdraws all previous general consents issued by the State government under section 6 of the Delhi Special Police Establishment Act, 1946 (Central Act), vide any letters or notifications including the notification issued in GO MS No 160, Home (SC) department on September 23, 2016, to all the members of Delhi Special Police Establishment to exercise the powers and jurisdiction under the said Act in the State of Telangana. Consequent to the withdrawal of all previous general consents issued earlier, including the notification issued in GO MS No 160, prior consent of Government of Telangana shall be required to be taken on a case-to-case basis for investigation of any offence or class of offences, under section 3 of the Delhi Special police Establishment Act, 1946 by the Delhi Special Police Establishment, in the State of Telangana".
The BJP sought a CBI probe into the alleged poaching of TRS MLAs and filed a petition in the High Court for the same. However, the additional advocate general of the State government informed the High Court on Saturday during the arguments that:
"... the petitioner does not have locus standi to file this writ petition G.O.Ms.No.51, Home (Special) Department, dated 30.08.2022 was issued by the Government of Telangana withdrawing all previous general consents issued by the State Government under Section 6 of the Delhi Special Police Establishment Act, 1946 (for short ‘the Act’). Thus, an accused or any person interested does not have any say in the matter unless consent is given by the State Government as required under Section 6 of the Act, for referring the matter to CBI. It is vehemently contended by the learned Additional Advocate General that MLA is a public servant within the meaning of Section 2 (c) of the PC Act read with Section 27 of the Indian Penal Code, 1860".
It may be recalled here that Chief Minister K Chandrasekhar Rao at a press conference along with Bihar Chief Minister Nitish Kumar in Patna on August 31 suggested that all the State governments should withdraw the general consent given to the CBI. Rao repeatedly alleged that the Central agencies were being misused by the BJP-led Central government to target political opponents.