This petition contests the Karnataka High Court’s dismissal of the CBI’s challenge against the Congress-led state government’s decision to withdraw consent for a CBI probe into corruption allegations against Shivakumar.
NEW DELHI: The Supreme Court on Friday(8th Nov) requested responses from the Karnataka Government and its Deputy Chief Minister, DK Shivakumar, to a petition filed by the Central Bureau of Investigation (CBI) seeking to restore a corruption investigation against Shivakumar.
This petition contests the Karnataka High Court’s dismissal of the CBI’s challenge against the Congress-led state government’s decision to withdraw consent for a CBI probe into corruption allegations against Shivakumar.
The Bench, comprising Justices Surya Kant and Ujjal Bhuyan, issued a notice in the case. BJP leader Basanagouda R Patil (Yatnal) has also appealed the High Court’s decision, which deemed his request to restore the CBI probe as non-maintainable on the grounds that the matter involves a dispute between the Centre and State due to the involvement of a central agency.
In September, the Supreme Court previously issued notice in Yatnal’s appeal and voiced concerns over the High Court’s stance. Following this, the CBI joined Yatnal in challenging the High Court’s judgment.
BRIEF FACTS
The case’s background reveals that on September 25, 2019, the BJP-led Karnataka government had granted the CBI permission to file a First Information Report (FIR) against Shivakumar in connection with allegations of corruption and possession of disproportionate assets. Shivakumar challenged this decision, filing a writ petition before a single-judge bench of the Karnataka High Court, which was dismissed on April 4, 2023.
Shivakumar then appealed before a Division Bench of the High Court.
When the Congress government assumed power in Karnataka in May 2023, it withdrew the CBI’s consent for the probe on November 28, 2023, shortly after Shivakumar was appointed Deputy Chief Minister. This withdrawal was contested by both the CBI and Yatnal before the High Court, along with a challenge to the State’s December 2023 decision to refer Shivakumar’s case to the Karnataka Lokayukta for investigation. On August 29, the High Court dismissed these petitions, prompting the current appeals by Yatnal and the CBI before the Supreme Court.
Case Title: Central Bureau of Investigation v. State of Karnataka and ors
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