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Relief to Shivakumar, HC rejects CBI’s plea on graft probe
A division bench of justices K Somashekhar and Umesh Adiga described as “non-maintainable” the plea, which also challenged the state Congress government’s order to refer the case to the Lokayukta for investigation.
The Karnataka high court on Thursday dismissed a plea by the Central Bureau of Investigation (CBI) against the state government’s decision to revoke consent to it for a probe in an alleged disproportionate assets case against deputy chief minister DK Shivakumar.
A division bench of justices K Somashekhar and Umesh Adiga described as “non-maintainable” the plea, which also challenged the state Congress government’s order to refer the case to the Lokayukta for investigation.
In its 67-page judgment, the bench said the issues raised in the plea by the federal agency should preferably be looked into by the Supreme Court. A similar petition was also filed by Bharatiya Janata Party MLA Basangouda Patil Yatnal.
“The present writ petitions are not maintainable. Such disputes that involve the State’s autonomy and the central government’s authority are better suited to seek a remedy before the Supreme Court. Thus, both the writ petitions are hereby dismissed as not maintainable,” it said.
Welcoming the court’s decision, Shivakumar said: “I believe in the courts and I believe in God. I will accept the decision of the court as God’s decision.”
CBI has accused Shivakumar of accumulating disproportionate assets worth over ₹74 crore between 2013 and 2018.
On November 23 last year, the state government said the previous B S Yediyurappa-led BJP government’s sanction accorded to CBI for a probe was “not in accordance with law”. “The then chief minister did not get permission from the speaker (to hand over the case to CBI). This is in violation of the rules that require the speaker’s permission before giving the sanction to CBI,” state law minister HK Patil said.
Subsequently, the government withdrew its consent granted to CBI, which began its probe in March 2022, on November 28 last year, preventing the central agency from filing its charge sheet in the case.
On December 26 last year, the state government transferred the case to the Lokayukta.
Appearing for CBI in the high court, advocate Prasanna Kumar said the Supreme Court has ruled that once a state government grants consent for a probe by the federal agency, it cannot be withdrawn, particularly with retrospective effect.
Senior advocate Kapil Sibal, representing the state government, said the previous administration had committed fraud in obtaining consent for the CBI investigation and that the current government’s decision to withdraw the nod was legally justified.
