The Karnataka High Court on Thursday dismissed the petitions filed by the Central Bureau of Investigation (CBI) and BJP MLA Basangouda Patil Yatnal challenging the state government's decision to withdraw consent for a CBI probe into the disproportionate assets (DA) case allegations against deputy chief minister D.K. Shivakumar.
A division bench of Justice K. Somashekhar and Justice Umesh M Adiga. on August 12, had reserved its order on the petitions filed by the CBI and Yatnal and on Thursday ruled that the present writ petitions were not maintainable as the dispute was between the CBI representing the Union government and the state government. Such disputes involving the central government's authority and the state government’s autonomy are more appropriately addressed by the Supreme Court. The petitioners are granted liberty to pursue appropriate remedies before the Supreme Court, the court added.
It may be recalled that the Income Tax department had carried out raids in August 2017 across the various premises belonging to Shivakumar in New Delhi and other places and recovered Rs 41 lakh. Subsequently, a case was registered against Shivakumar before the Special Court for Economic Offences under the provisions of the Income Tax Act, 1961 and the Directorate of Enforcement also registered a case.
The ED filed a case under Section 66(2) of the Prevention of Money Laundering Act, based on the IT department’s chargesheet. The BJP government in Karnataka had sanctioned the CBI for the investigation. Shivakumar was arrested on September 3, 2019, and released on bail after spending 50 days in Tihar jail.
After the high court refused to quash CBI's disproportionate assets case against him, Shivakumar challenged it before the Supreme Court. But the case was dismissed. In May 2023, when the Congress party came to power in Karnataka, the Congress government withdrew its consent for the CBI probe in November 2023.
On January 5, 2024, the CBI had moved the high court questioning the state government order withdrawing consent to CBI probe in the DA case. Another petition was filed challenging the state government decision to withdraw consent to CBI probe by BJP leader and Vijayapura MLA Basanagouda Patil Yatnal.
Welcoming the court verdict, Shivakumar said “I have lawfully earned my wealth. I have faith in the courts of this country. The BJP had filed a PMLA case and sent me to jail. I don’t understand Ytanla’s interest in this case. The CBI had claimed that it had completed 90% of the investigation, when they had not even interrogated me,” said Shivakumar, adding that he would keep fighting as there would always be conspiracy against him until he dies.
Meanwhile, Yatnal, on “X” said, “I respect the court’s decision and will pursue the matter in the Supreme Court. This fight against corruption will not end here.”
