The Karnataka High Court on Thursday dismissed two petitions challenging the Karnataka government’s decision to rescind consent for a Central Bureau of Investigation (CBI) probe in a corruption case against Deputy Chief Minister DK Shivakumar.
The Bench of Justice K Somashekhar and Justice Umesh Adiga observed that the dispute between the Central government and the State of Karnataka involved a central agency and hence, it should be heard by the Supreme Court. It added that it was not going into the merits of the case.
The Bench noted that the dispute was related to the Centre’s power to deploy CBI in a state that had legally withdrawn its sanction.
The present writ petitions were not maintainable because the disputes involving a State’s autonomy and the Central government’s authority were better suited to seek a remedy before the Supreme Court.
The Bench passed the order on two petitions, filed by Bharatiya Janata Party MLA Basangouda Patil Yatnal and CBI. The national agency has now also objected to the State’s decision to withdraw consent for the corruption investigation against Shivakumar.
On November 28, 2023, the Congress-led government of Karnataka withdrew its consent to probe the alleged illegal assets of Shivakumar. On December 26, 2023, the state government referred the matter to the Karnataka Lokayukta for a probe. The petitioners moved the Apex Court against these decisions.
Senior Advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for Shivakumar, alleged that the then BJP government granted consent for the CBI probe with a mala fide intention. The CBI entering into the state’s arena by probing the case based on a void consent was a breach of federal principles, they added.
On September 25, 2019, the then BJP-government in Karnataka permitted CBI to register a first information report against Shivakumar in a case involving allegations of corruption and holding of disproportionate assets.
Shivakumar moved the High Court against this decision. On April 4, 2023, a single-judge bench dismissed his writ petition. He then moved an application before a Division Bench of the High Court.
Meanwhile, there was a change of power in the state in May 2023. The Congress-led Karnataka government withdrew the consent granted to CBI for the probe on November 28. Shivakumar was later appointed as Deputy Chief Minister of Karnataka.
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