This was informed by the Additional Advocate General (AAG) to the Telangana High Court during arguments on a petition filed by the BJP seeking a CBI probe into the TRS MLAs poaching case. The development comes after the BJP and TRS have indulged in a war of words over several issues in recent past that has led to acrimony between the two parties.
Three persons, who allegedly tried to "poach" four TRS legislators, were arrested and remanded to judicial custody on Saturday.
The government's Home (Special) Department had issued an order-G.O.Ms.No.51 on August 30 withdrawing all previous general consents issued by it under Section 6 of the Delhi Special Police Establishment Act, 1946, the AAG informed the court.
"On the other hand, the learned Additional Advocate General submitted 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')," the High Court said in its order.
Before Telangana's action, nine other states had withdrawn consent to the CBI . The list of states includes Meghalaya Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala, and Mizoram.
General consent to CBI: What it means
Investigation can be initiated by CBI into FIRs registered/filed with local Police with the consent of the State Government concerned and after due notification by the Central Government extending powers and jurisdiction of the officers of CBI to areas in the State concerned. Further, Investigation may be initiated by CBI on the specific directions of a Constitutional Court.
Once general or specific consent is granted under Section 6 of DSPE Act, 1946 by the State Government where the case is registered; or when the case is entrusted by the Constitutional courts, the powers and jurisdiction of members of the DSPE (CBI) may extend for investigation as stipulated under Section 5 of DSPE Act, 1946.
Withdrawal of consent, if any, by a State Government can be effected prospectively and not retrospectively. Further, in the cases which are referred by the Constitutional Courts, the entry of CBI cannot be denied by that State as these do not require the consent of the State.
