The Karnataka High Court on Thursday, August 29, dismissed petitions by the CBI and a BJP MLA Basanagouda Patil Yatnal, challenging the state government’s decision to withdraw consent given to the central agency to investigate corruption cases against Congress state president DK Shivakumar.
The CBI and MLA Basanagouda Patil Yatnal had filed separate petitions challenging the Karnataka government’s withdrawal of consent to the CBI. The Congress government withdrew consent for prosecution to the CBI in November 2023.
A division bench of Justice K Somashekar and Justice Umesh M Adiga dismissed the petitions after reserving orders on August 12.
According to Live Law, the court said, “The dispute is between the CBI representing the Union Government and the State government. Such disputes which involve Central Government authority and State government autonomy are more appropriately addressed within the original jurisdiction of the Supreme Court. Accordingly, writ petitions are dismissed as not maintainable. Petitioners are granted liberty to pursue appropriate remedies before the Supreme Court."
It is uncommon for a state government to withdraw consent given to the CBI. It was the previous BJP-ruled government which handed over the case to the CBI in 2019. The case against Shivakumar relates to Rs 41 lakh cash seized from the premises connected to Shivakumar during raids in August 2017. He was booked for economic offences under the Income Tax Act. Later the Directorate of Enforcement also registered a case against him. Subsequently, Shivakumar was arrested in September 2019.
Reacting to the court’s decision, the Deputy CM said he was ready to face anything. “I have faith in God and the court. I will accept it as God's gift,” Shivakumar said.
Earlier, Shivakumar had approached the Karnataka High Court seeking to quash the case against him. The case is presently being investigated by the Lokayukta.