Disporportionate assets case: Speaker’s approval not needed for CBI sanction, says Kageri

The Karnataka cabinet on Thursday had decided to withdraw the sanction given for the CBI probe, citing irregularities in the decision

The former Karnataka assembly speaker Vishweshwara Hegde Kageri has refuted allegations made by the Congress government, asserting that there was no error in not consulting the Speaker while granting consent for the Central Bureau of Investigation (CBI) probe against deputy chief minister DK Shivakumar in the alleged disproportionate assets case.

Vishweshwara Hegde Kageri

The Karnataka cabinet on Thursday had decided to withdraw the sanction given for the CBI probe, citing irregularities in the decision. The party had alleged that the orders allowing CBI probe against Shivakumar was given orally by the then chief minister BS Yediyurappa, without consulting the Advocate General (AG) or the assembly speaker.

During the time when the decision was made, Kageri, who was the speaker in the previous Bharatiya Janata Party (BJP) government, condemned the cabinet’s move saying that allowing a CBI probe is outside the speaker’s constitutional jurisdiction.

“It is unfortunate that chief minister Siddaramaiah and his government are dragging in the speaker’s post for an issue where the speaker does not have any jurisdiction. Actually, it is an unpardonable crime that the state cabinet has taken a stand [giving consent to CBI probe is not in accordance with the law] by wrongly citing that the speaker’s approval was not taken then, though, the speaker does not have anything to do with it.” Kageri said.

“CM Siddaramaiah’s decision has cast a shadow on the state’s reputation. The CBI and the court were in the process of filing charges against Shivakumar when the controversial decision was made by the Karnataka cabinet. The decision made by CM Siddaramaiah and the Karnataka cabinet at this juncture not only brings disrespect to democracy but also undermines the Parliamentary system,” he added.

Kageri pointed out that the chief minister is an experienced politician and it is now evident whose influence he is working under. “Let him work according to his conscience. Siddaramaiah should not make decisions by succumbing to pressure helplessly or with hatred against the BJP,” he said, reiterating that the speaker has no role in the matter of handing over the probe to CBI, and it does not fall within the purview of the post.

The CBI investigation against Shivakumar must continue, he further insisted.

Former chief minister BS Yediyurappa also attacked the Congress government saying that Siddaramaiah is fully aware of the truth but is choosing to spread misinformation. “State government took the decision after the Enforcement Directorate (ED) instructed the Chief Secretary to transfer the case [against DK Shivakumar] to the CBI. The decision to order a CBI probe followed the opinion of the state advocate general. The government should refrain from spreading misinformation” he said.

Karnataka government on Friday defended its decision to revoke the authorisation granted to the Central Bureau of Investigation (CBI) against deputy chief minister DK Shivakumar in a disproportionate assets (DA) case. Rural development minister and the head of Karnataka Pradesh Congress Committee (KPCC) communications Priyank Kharge said that Bharatiya Janata Party (BJP) government did not follow the rules and hurriedly handed over the case to CBI.

The Karnataka cabinet on Thursday declared that the CBI sanction granted by the previous BJP government to investigate Shivakumar was in violation of the law. The CBI derives its powers to investigate from the Delhi Special Police Establishment (DSPE) Act, 1946, which allows it to investigate a case in Delhi. In other states, the respective state governments have to give consent to CBI under section 6 of the DSPE Act.

Congress leader Priyank Kharge said that the approval was solely based on an informational letter from the Enforcement Directorate (ED), dated September 9, 2019. He added that this letter was a statutory communication intended for informational purposes only.

“The Enforcement Directorate had written a letter to the government on September 9, 2019 stating that they had initiated a probe under the PMLA [Prevention of Money Laundering Act] against Shivakumar. This was a statutory letter only for information. Providing a timeline, on September 11, 2019, the Chief Secretary sent the letter to DPAR [Department of Personnel and Administrative Reforms]. The case is beyond the DPAR’s jurisdiction. The letter asked two questions. First, does the government have to seek the Speaker’s permission and the Advocate General’s [AG] opinion. Then the file was transferred to the Home department,” the Congress leader said.