AP govt withdraws 'general' consent to CBI to exercise authority in state

The Chandrababu Naidu government in Andhra Pradesh has withdrawn the "general consent" accorded to the Central Bureau of Investigation (CBI) to exercise its authority in the state.

A 'confidential' government order to this effect, issued by Principal Secretary (Home) A R Anuradha on November 8, was "leaked" late on November 15.

Andhra Pradesh Deputy Chief Minister (Home) N China Rajappa justified the state government's action saying it was taken in the backdrop of certain allegations against the country's premier investigating agency.

"We have trust in the CBI but the recent allegations against its top officials have made us withdraw the general consent. Henceforth, the CBI has to obtain the state governments permission for investigating every case," Rajappa told reporters at the Secretariat.

The general consent was withdrawn on the advice of lawyers and intellectuals, the deputy chief minister claimed.

Even the government in neighbouring Karnataka withdrew the general consent for the CBI, he pointed out.

Rajappa, however, clarified that the CBI could take up investigation against central government officials without the state's permission.

"We will grant necessary permission whenever the CBI makes a request," he added.

"In exercise of the powers conferred by Section 6 of the Delhi Special Police Establishment Act, 1946, the government hereby withdraws the general consent accorded (in GO Ms 109) to all the members of the Delhi Special Police Establishment to exercise the powers and jurisdiction under the said Act in the state of Andhra Pradesh," the latest government order (GO) said.

On August 3, the AP government issued the GO Ms No. 109 according "general consent" to all members of the Delhi Special Police Establishment to exercise the powers and jurisdiction in Andhra Pradesh against officials of the central government, central government undertakings and private persons for investigating offences under various laws, including the Prevention of Corruption Act.

The CBI functions under the Delhi Special Police Establishment Act.

Under Section 6 of the Act, a state government "routinely" grants consent to the CBI for exercising its authority in the state and the AP government, too, had issued relevant orders periodically in the last few years.

Ever since he snapped ties with the Narendra Modi-led NDA government in March this year, Naidu had been alleging that the Centre was misusing agencies like the CBI to target political opponents.

The recent raids by Income Tax authorities on some business establishments, run by those close to the ruling Telugu Desam Party in the state, have left Naidu red-faced.

Subsequently, he announced that his government would not provide police cover to the IT officials for conducting the raids.

Opposition parties decried the move and asserted the state government did not have the authority to bar the CBI.

The principal opposition YSR Congress alleged the controversial decision was taken only because the chief minister was scared of the CBI.

"Chandrababu Naidu should explain why he is blocking the CBI from the state," YSRC Political Affairs Committee member Ambati Rambabu said.

The ban order was issued at a time when the YSRC requested President Ram Nath Kovind and Union Home Minister Rajnath Singh for a "third party investigation" into the attack on Leader of Opposition Y S Jaganmohan Reddy, he said.

Former MP Undavalli Arun Kumar, a trained lawyer, likened the state government order, barring the CBI, to a "tissue paper" and said it would damage AP's image.

"The state government order is not valid. The CBI can take up probe on the directions of the court. Only in matters related to the state does the agency require the government"s permission," he said.