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D K Shivakumar
Credit: X/@DKShivakumar
Bengaluru: The Karnataka High Court on Wednesday dismissed the petitions filed by the CBI and BJP MLA Basanagouda Patil Yatnal, challenging the withdrawal of consent order for investigation against Deputy Chief Minister D K Shivakumar for disproportionate assets. A division bench comprising Justice K Somashekar and Justice Umesh M Adiga dismissed the petitions as not maintainable.
The bench said that the issue involved is between the state government and the CBI, governed under the special act (The Delhi Special Police Establishment Act) under the union government. Hence, the matter has to be dealt with by the Apex Court, the bench said. The bench has reserved liberty to the CBI to pursue the matter before the Apex court.
The then B S Yediyurappa government had passed the consent order on September 25, 2019. Subsequently, the CBI had registered the FIR against Shivakumar in 2020 and claimed to have almost completed the investigation. The CBI case is that Shivakumar and his family members possess disproportionate assets of around Rs 74.8 crore. On November 28, 2023, Siddaramaiah government withdrew the consent granted to the CBI.
In its challenge to the withdrawal of consent, the CBI contended that such an order withdrawing the consent is non-est in the eye of law and contrary to the Apex Court judgement in the case of Kazi Lhendup Dorji Vs CBI. In this case, the top court had said that such withdrawal of consent will have no bearing on the proceedings already initiated. The petition filed by Yatnal stated that the action of the state cabinet withdrawing the consent granted to the CBI is against public interest and tainted with malafides.