Larger bench of Karnataka HC to hear pleas against withdrawal of consent for CBI probe against DK Shivakumar

BENGALURU: The challenge to the Karnataka government, led by the Congress party, to withdraw permission for the Central Bureau of Investigation (CBI) to investigate Deputy Chief Minister DK Shivakumar should be heard by a division bench, according to a single judge bench of the Karnataka High Court. 

Justice Krishna Dixit stated that are several larger questions of importance arising in the matter. 

Basangouda Patil Yatnal, a BJP MLA, and the CBI, which has now appealed to the State's decision to revoke permission for the corruption inquiry against Shivakumar, were the two petitions that the Court was considering.

In order to decide whether the case should be considered by a division bench, Justice Dixit today directed that for the cases to be placed before Chief Justice PB Varale. 

It all goes back to September 25, 2019 when the Karnataka government, which was then led by the BJP, gave the CBI permission to file a first information report (FIR) against Shivakumar in connection with claims of corruption and the possession of disproportionate assets.

Shivakumar subsequently challenged the same in a writ petition before a High Court. After the case was rejected on April 4, 2023, Shivakumar filed an appeal before a division bench.

In the meanwhile, the Karnataka cabinet moved to withdraw consent for a CBI investigation against DK Shivakumar in the disproportionate assets case, calling the decision illegal. The cabinet deemed the previous BJP government's consent to the CBI to investigate the case against Mr Shivakumar was not as per law and decided to withdraw the sanction. The state opposition parties - the BJP and the JDS – vehemently protested the decision. 

Shivakumar was then granted permission by the Division Bench of the High Court in November 2023 to withdraw his plea, which had become infructuous because the CBI's permission to look into case was revoked. Aggrieved, Yatnal moved the High Court. Recently, even the CBI moved the court questioning the present state government’s decision.