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Yatnal moves high court against decision to withdraw nod for CBI probe against Shivakumar
The plea filed by the BJP MLA contends that the unexpected move to revoke the consent granted for the CBI probe was an attempt to disrupt the ongoing judicial proceedings in both HC and trial court.
Bharatiya Janata Party (BJP) MLA Basanagouda Patil Yatnal on Tuesday filed an interim petition before the Karntaka high court challenging the recent decision of the Congress government to withdraw consent for a Central Bureau of Investigation (CBI) probe into the disproportionate assets case against deputy chief minister DK Shivakumar.
The plea filed by the BJP MLA contends that the unexpected move to revoke the consent granted to the CBI on September 25, 2019, for a probe into the case was a deliberate attempt to disrupt the ongoing judicial proceedings in both the high court and the trial court.
“The state cabinet passed the order withdrawing the case from Respondent No. 3 [DK Shivakumar], indicating the entire state cabinet’s involvement in facilitating such an illegal and unconstitutional step to favour the appellant,” states the application filed by Yatnal.
Referring to a Supreme Court judgment in the 1994 case of Khazi Lhendup Dorji vs CBI, the BJP MLA invoked a precedent that established that the withdrawal of consent for a CBI investigation does not impact cases where the investigative process is already in progress. In the cited ruling, the apex court clarified the legal standing on revoking consent for ongoing CBI probes, providing a pertinent reference to support the argument in the current context.
“The applicant has no personal or pecuniary interest in presenting the events against the public interest and intends to highlight the deliberate interference in the judicial process by the Karnataka state cabinet,” the application by the BJP MLA said.
In response to questions on the petition, chief minister M Siddaramaiah said that the state does not have the authority to prevent individuals from filing petitions in the courts. “We cannot discourage anyone from seeking legal recourse. Every individual has the right to challenge decisions, and it is not within our purview to deny that right,” he said.
“The determination of legality or illegality rests with the court. We have concluded that the previously granted sanction for the CBI to investigate corruption allegations against Shivakumar was deemed illegal, leading the government to retract it. If there are concerns, individuals are free to address them in court,” Siddaramaiah added.
The Karnataka cabinet on November 23 had declared that the CBI sanction granted by the previous BJP government to investigate Shivakumar was in violation of the law.
The Karnataka government defended its decision to revoke the authorisation, claiming that the BJP government did not follow the rules and hastily handed over the case to the CBI.
The CBI derives its powers to investigate from the Delhi Special Police Establishment (DSPE) Act, 1946, which grants the CBI the power to investigate a case in Delhi. In other states, the respective state governments have to give consent to the CBI under Section 6 of the DSPE Act.
Congress leader Priyank Kharge on Friday said that the approval was solely based on an informational letter from the Enforcement Directorate (ED), dated September 9, 2019. Kharge added that this letter was a statutory communication intended for informational purposes only.
Providing a timeline Kharge said that 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.
Kharge alleged that the BJP government then neglected procedural norms and swiftly transferred the case to the CBI. He said that on September 16, 2019, officials presented the file to the Chief Minister, who, according to government records, orally directed the case’s transfer to the CBI. “The decision was taken without the AG’s opinion. The letter reads that the CM orally ordered to transfer the case to CBI. The AG gave his opinion on September 25, 2019, saying that it has to be probed in the state first before handing it over to the CBI,” the minister said.
