Karnataka on Friday withdrew open consent to the Central Bureau of Investigation to conduct inquiries within its territory. Law Minister HK Patil said the state wished to flag “biased” actions of CBI – which the opposition claims is ordered by the Bharatiya Janata Party to target its leaders, particularly before elections – and ruled out any link to land scam allegations facing Chief Minister Siddaramaiah.
"We are withdrawing open consent for CBI investigation in the state. We are expressing our concerns about the misuse of the agency. They are biased… that is why are taking this decision."
"This is not because of MUDA (land scam)…" Mr Patil said at a press briefing, emphasising, "Whole Cabinet expresses solidarity with Chief Minister… we have encouraged him to fight back."
"In all cases we have referred to the CBI, they have not filed chargesheets… leaving many cases pending. They also refused to investigate cases we sent. There are numerous such instances."
Mr Patil said this is meant to "control them (the CBI) from taking the wrong path".
Karnataka now joins a long list of opposition-ruled states to have revoked open consent for CBI. The list includes Trinamool-ruled Bengal; Tamil Nadu, where the DMK is in power; and Left-led Kerala.
Revocation of open consent means the CBI – as listed in the Delhi Special Police Establishment Act, which governs the agency – requires state governments' written consent for investigations.
This has been a major flashpoint between opposition states and the BJP-led centre , as the former has claimed the BJP uses agencies, like the CBI, to target its leaders, specially before elections.
In December the centre responded sharply to states' actions, insisting requiring the CBI to ask for permission had severely limited its powers to investigate cases. A Parliamentary panel said there was a need to enact a law so the agency could probe cases without state "interference".
READ | CBI Is “Independent, Have No Control”: Centre To Supreme Court
At the same time, the panel also acknowledged there need to be safeguards to ensure objectivity and impartiality in functioning of the CBI so states don't complain of discrimination.
Chief Minister Siddaramaiah faces a police case, as ordered Wednesday by a trial court, in connection with the alleged Mysuru Urban Development Authority land scam. This comes after the High Court quashed his challenge to Governor Thawar Chand Gehlot's prosecution order.
READ | Siddaramaiah “Not Afraid” As Court Orders Case In Alleged Land Scam
He will now face an inquiry into claims his wife, Parvathi, was allotted multiple plots of land in an upmarket Mysuru area as compensation for land elsewhere – an exchange that allegedly cost the state losses of at least Rs 4,000 crore – taken for infrastructure projects.
Following the two courts' orders this week, the BJP and its ally, the Janata Dal Secular, have upped attacks on the Congress and its Chief Minister, demanding he resign on moral grounds.
READ | “Siddaramaiah Must Quit”: BJP After Land Scam Setback
The Chief Minister has refused to stand down, and has firmly denied the charge; last month he said he had not done anything illegal in a career spanning four decades, and said he would be absolved.
READ | My Request…”: Under-Fire Siddaramaiah Faces ‘Quit’ Calls Within Party
He has been backed by the Congress and his deputy, DK Shivakumar, who is also the state unit boss, and also by members of his cabinet, including IT Minister Priyank Kharge. However, there are some within the Congress – including former Assembly Speaker KB Koliwad – who also want him to quit.
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