The Central Bureau of Investigation (CBI) has moved the Supreme Court challenging the Karnataka government’s withdrawal of consent to investigate a disproportionate assets case against Deputy Chief Minister D K Shivakumar. The Karnataka cabinet’s decision reverses the previous BJP government’s sanction for the CBI to probe the case.
Bengaluru: The Central Bureau of Investigation (CBI) has approached the Supreme Court challenging the Karnataka government’s decision to withdraw its consent for the probe agency to investigate a disproportionate assets (DA) case against Deputy Chief Minister D K Shivakumar. The move stems from a recent decision by the Karnataka cabinet, led by Chief Minister Siddaramaiah, on November 23, 2023.
In its decision, the Karnataka cabinet stated that the previous BJP government’s 2019 consent to the CBI to investigate the case was “not in accordance with law”. As a result, the current government opted to withdraw the sanction, sparking legal challenges.
High Court Declares CBI Petition Non-Maintainable
On August 29, 2023, the Karnataka High Court dismissed a petition filed by both the CBI and BJP MLA Basanagouda Patil Yatnal, which challenged the Congress government’s withdrawal of consent. The High Court declared the petition “non-maintainable”.
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In response to the High Court ruling, Patil challenged the decision in the Supreme Court. On September 17, a bench of Justices Surya Kant and Ujjal Bhuyan issued notices to both Shivakumar and the state government, seeking their responses to Patil’s plea.
Disproportionate Assets Case Referred to Lokayukta
The petition also questioned the state government’s decision on December 26, 2023, to refer the Rs 74.93 crore DA case against Shivakumar to the Lokayukta for investigation. The referral was seen as a significant step, with the state withdrawing CBI’s jurisdiction over the matter.
CBI’s Allegations Against Shivakumar
The CBI had initially alleged that Shivakumar accumulated assets disproportionate to his known sources of income during his tenure as a minister in the previous Congress government, between 2013 and 2018. The case was formally registered by the CBI on October 3, 2020, based on consent granted by the BJP government in September 2019. This consent followed a reference from the Enforcement Directorate (ED), which had been investigating corruption charges tied to an income tax probe.
The BJP government had subsequently granted permission for the CBI to pursue prosecution against Shivakumar in the DA case. The investigation revolved around alleged irregularities uncovered during an Income-Tax Department probe from 2017 to 2019.
Money-Laundering Charges and ED Investigation
In a separate investigation, Shivakumar faced charges of money laundering, which led to his arrest by the ED in September 2019. These charges were linked to the Income-Tax Department’s investigation, which initially flagged the irregularities. Shivakumar was released on bail in the ED case in October 2019, shortly after his arrest.
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However, the Supreme Court’s intervention earlier this year brought relief to Shivakumar. On March 5, 2023, the top court quashed the money laundering case against him, ruling that such cases must be directly connected to a scheduled offence to stand.
Legal Showdown at the Supreme Court
The CBI’s challenge to Karnataka’s withdrawal of consent adds another layer to the legal battle surrounding Shivakumar. The case holds significant political and legal implications, especially given the high-profile nature of Shivakumar’s position as Deputy Chief Minister and the allegations of corruption that have dogged him for years.
As the matter now heads to the Supreme Court, all eyes will be on the judicial proceedings, particularly in light of the Karnataka government’s firm stance on withdrawing the CBI’s probe powers. The Supreme Court’s decision in the coming months will likely shape the trajectory of both the investigation and the political landscape in Karnataka.
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