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Shivakumar DA case: Plea against withdrawal of CBI consent referred to CJ for larger bench
The Karnataka HC has referred a batch of petitions challenging the withdrawal of sanction for a CBI probe against DCM DK Shivakumar to a larger bench.
Bengaluru: A single-judge bench of Karnataka high court on Friday referred a batch of petitions challenging the withdrawal of sanction given to the Central Bureau of Investigation (CBI), to probe an alleged disproportionate assets case against deputy chief minister DK Shivakumar, to the chief justice for placing before a larger bench of his choice.
Justice Krishna Dixit also issued notices on the petitions to the state government and Lokayukta, which was handed over the case for investigation on Wednesday, and directed the latter not to proceed with its probe until the final hearing.
The court said the “enormity of the questions” in the case called for a comprehensive examination by a larger bench. “I am afraid because of the enormity of the questions, in deciding the enormity of such a large issue, I think a division bench is required,” justice Dixit said.
“After considering the arguments presented by the learned counsel for the petitioners and the learned advocate general representing the State, I am of the opinion that the papers should be placed before the Hon’ble Chief Justice, as per section 8 of the Karnataka High Court Act, for deliberation by the bench of his choice. This will ensure a conclusive resolution of the matter at the level of this court,” the judge added.
The court said that it “concurs with the petitioners’ viewpoint that, if constituted at the discretion of the chief justice, the bench can expedite the proceedings and treat the matter with urgency”.
The single-judge bench was hearing two petitions – by CBI and Bharatiya Janata Party MLA Basangouda Patil Yatnal – against the state government’s decision to revoke consent for a probe by the federal agency in the case against Shivakumar.
CBI has accused Shivakumar of accumulating disproportionate assets worth over ₹74 crore between 2013 and 2018.
On November 23, 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 last year, on November 28, preventing the central agency from filing its charge sheet in the case.
As CBI counsel Prasanna Kumar submitted that the Lokayukta has been handed over the investigation by the state and it has filed an FIR, the court directed that the anti-corruption ombudsman should not proceed until the final hearing of the petitions.
Shivakumar hit out at CBI for moving the high court: “They want to harass me. The government has taken a stand and referred the matter to the Lokayukta. After withdrawing (from probe) too, they issued notices to those associated with me. It clearly shows that this matter is politically-motivated,” he said.
“There is a limit to harassment. I know who is behind this. But the clock will turn. I don’t know what they want but I am ready. I have been put behind bars. You saw how people supported me. I will fight for justice,” he added.
HT reached out to Yatnal for a response but did not get one immediately.
