Nod for CBI probe against Shivakumar not as per law: Karnataka cabinet

The government, however, refrained from explicitly stating whether it intends to revoke the sanction given to the CBI to prosecute Shivakumar

Bengaluru:

DK Shivakumar (ANI)

The Karnataka cabinet on Thursday held that the previous Bharatiya Janata Party government’s decision to grant sanction to the Central Bureau of Investigation (CBI) to investigate a disproportionate assets case involving deputy chief minister DK Shivakumar was not in accordance with law. The government, however, refrained from explicitly stating whether it intends to revoke the sanction given to the CBI to prosecute Shivakumar.

“The then CM did not get permission from the Speaker (before handing over the case to CBI). This is in violation of the rules that require the Speaker’s permission before giving the sanction to the CBI. The previous Advocate General’s and the current Advocate General’s opinions were considered. Keeping in view of the Advocate General’s opinion the cabinet has held that this is not in accordance with the law,” law minister HK Patil said after the cabinet meeting.

Although Patil did not offer a clear stance on the withdrawal of the CBI sanction against Shivakumar, he said that an administrative order addressing the matter would be issued within the next two to three days.

The Karnataka cabinet deliberated a home department’s proposal to revoke the authorisation granted to the CBI for probing the disproportionate assets case. The home department has put forth the proposal to the cabinet following the recommendation of the state’s advocate general, officials aware of the development said.

The proposal to withdraw CBI from the probe has drawn criticism from BJP MLA and former deputy chief minister CN Ashwath Narayan. He expressed concern about potential misuse of power and shifting the case away from the CBI.

“CBI is investigating a disproportionate assets case. This is a serious case and it is in its final stages in the court as well. At such a time, misusing the power, they are planning to take the case away from the CBI. We condemn it. They (Congress leaders) behave like they are clean, so why they are opposing this investigation? If you are clean, face the CBI probe,” said Ashwath Narayan

Shivakumar had filed a petition in the high court seeking quashing of the disproportionate assets case. However, the court dismissed Shivakumar’s plea in October and directed the CBI to conclude its investigation within three months. The court said that it won’t interfere in the matter as the CBI is almost complete with its investigation.

According to a home department officer, the proposal to revoke the authorisation granted for the CBI probe was discussed at the cabinet meeting presided over by chief minister Siddaramaiah at Vidhan Soudha on Thursday. “The previous BJP government had assigned the case to the CBI. The home department’s proposal, now before the cabinet, proposes transferring the investigation either to the state police or the anti-corruption authority Lokayukta,” the officer said, wishing not to be named.

The roots of the case go back to 2017 when the Income Tax department conducted raids on multiple properties belonging to Shivakumar. Subsequently, the Enforcement Directorate initiated a money laundering case based on the findings of the I-T department raids. The CBI sought permission from the state government to investigate Shivakumar, a request granted in 2019 by the then BJP government led by then chief minister BS Yediyurappa.

Currently, the ED is pursuing two separate cases against Shivakumar; one related to money laundering and the other known as the National Herald case. The senior Congress leader faced arrest by the ED on September 3, 2019, following multiple interrogations in connection with the money laundering case.