Bengaluru, Aug 12 (UNI) In a significant move, the Karnataka High Court on Monday reserved its decision on a case involving the Central Bureau of Investigation (CBI) and Deputy Chief Minister DK Shivakumar.
The case concerns the legality of the state government’s withdrawal of its consent for a CBI investigation into allegations of corruption against Shivakumar.
The controversy traces back to 2017 when the Income Tax Department raided properties linked to Shivakumar, uncovering significant sums of money. This led to an investigation by the Directorate of Enforcement and Shivakumar’s arrest in September 2019. Subsequently, the previous BS Yediyurappa-led BJP government sanctioned a CBI probe into the matter.
However, the political landscape shifted in November 2023 with the Congress taking charge in Karnataka. The incumbent government promptly withdrew its consent for the CBI investigation, a move that has sparked legal challenges.
BJP MLA Basangouda Patil Yatnal, along with the CBI, argued that once consent for an investigation is granted, it cannot be retracted. They contended that the initial consent was based on legal grounds, and the withdrawal now appears to be an attempt to shield Shivakumar from scrutiny.
Yatnal also asserted that the shift in government should not impact the ongoing investigation and that retroactively withdrawing consent is both unfair and legally dubious.
In response, Kapil Sibal and Abhishek Manu Singhvi, counsels for Congress-led government, argued that its withdrawal of consent is both valid and necessary. They maintained that the previous government’s consent was granted under potentially flawed circumstances and that the new administration has the right to reassess and retract it.
The state contends that the decision to revoke consent is based on a review of legal and procedural correctness, rather than political considerations.
After hearing the arguments from all sides, the High Court reserved its decision.
