G Parameshwara.
Credit: DH File Photo
Bengaluru: Defending the Cabinet's move to withdraw consent for a CBI probe against Deputy Chief Minister D K Shivakumar, Karnataka Home Minister G Parameshwara on Friday said the government has not gone into the merits of the disproportionate assets case against him, but has only corrected the 'procedural lapse' on the part of the previous BJP regime.
Maintaining that the Congress government's decision is not politically motivated to 'protect' Shivakumar, he said the opposition BJP and JD(S) were free to interpret whatever way they want.
"(B S) Yediyurappa (as Chief Minister) had given oral instructions to the Chief Secretary to give sanction to the CBI to investigate the case. Wasn't it politically motivated then? What we have done is within the framework of law. The then Advocate General during the BJP government has himself said, also our Advocate General also has said the same," Parameshwara said, in response to opposition allegation that the decision was politically motivated.
Speaking to reporters here, he said the cabinet has decided within the framework of law and limitations. "So, it is not that what we did is politically motivated and what they have done is not, both are one," he added.
The Karnataka Cabinet on Thursday held that the previous BJP government's move to give consent to the CBI to investigate the disproportionate assets case against Shivakumar, also the State Congress President, was not in accordance with law and decided to withdraw the sanction.
Responding to a question about the case pending in court and the court while hearing a plea for quashing of the FIR had not accepted the argument on procedural lapse in giving permission to prosecute Shivakumar, the Home Minister said, "We don't know what will happen in the future. We will submit to the court the decision taken by the cabinet within the framework of law."
"What CBI or court will do next, it is left to them and the system, and we cannot preempt it now," he said.
Asked whether it will lead to conflict with the judiciary when the case is pending before the court, Parameshwara said, the government is only correcting the procedural lapse and nothing else.
"In a case relating to a MLA, there is a rule that the Speaker's permission has to be taken, it should have been followed, then this procedural lapse would not have happened. We have not gone into the merit of the case. Whether he has disproportionate income or whether he has earned it, we have nothing to do with it. On procedural matters the government has a responsibility, so we have taken action," he pointed out.
To a question if it was not a question of morality for the Congress, which came to power accusing the BJP of 40 per cent commission, Parameshwara said, how the BJP or JD(S) interprets it is left to them, we have done what can be done within the framework of law.
"We have set right the procedural lapse of the previous government and have taken corrective measures....we have not gone into whether he has disproportionate assets or not, we have not spoken a word on it," he said.
The prosecution sanction was given on the oral instructions of the then CM to the Chief Secretary, without taking speaker's permission, he added.
Asked what message the government is sending, and whether the cabinet decision was to protect Shivakumar, the Minister said, the message is of law and a lapse has been set right, nothing else.
"Anyone can interpret however they want, but whether we are in the framework of law or not is the question," he said.
Questioned whether the case will be given to Lokayukta or state police for investigation, Parameshwara said, the government will issue order in a couple of days and submit it to the court, after that what directions the court gives, further decision will be taken.