In a significant ruling on Thursday, the Karnataka High Court dismissed petitions from the Central Bureau of Investigation (CBI) and BJP MLA Basangouda Patil Yatnal, which challenged the Karnataka state government’s decision to retract consent for a CBI probe into allegations of disproportionate assets against Deputy Chief Minister D.K. Shivakumar.
The division bench, comprising Justice K. Somashekhar and Justice Umesh M Adiga, reserved its judgment on August 12 after hearing the pleas by the CBI and Yatnal. The court determined that the present writ petitions were not maintainable, citing the nature of the dispute as a matter involving the Union and the Karnataka state governments. The bench stated that such disputes are more aptly resolved by the Supreme Court and granted the petitioners the liberty to seek appropriate remedies there.
Recapping the events leading to the court’s decision, it is noted that the Income Tax department had conducted raids across Shivakumar’s premises in New Delhi and other locations in August 2017, uncovering Rs 41 lakh in undeclared income. This led to charges under the Income Tax Act, 1961, followed by the Directorate of Enforcement (ED) initiating a Prevention of Money Laundering Act case based on the IT department’s findings.
The CBI had stepped into the fray after the BJP government in Karnataka sanctioned an investigation, culminating in Shivakumar’s arrest on September 3, 2019. He was subsequently released on bail after 50 days in Tihar jail. The state’s High Court had previously declined to quash the CBI’s case, which Shivakumar escalated to the Supreme Court, only to be dismissed.
The Congress party’s ascension to power in May 2023 saw a reversal in the state’s stance, with the government withdrawing its consent for the CBI probe in November 2023. This prompted the CBI to seek judicial intervention on January 5, 2024, questioning the state’s authority to withdraw consent, a question now forwarded to the Supreme Court.
Reacting to the verdict, Shivakumar expressed relief and reiterated his innocence, stating, “I have lawfully earned my wealth and have full faith in the judiciary. Despite the BJP’s attempt to implicate me through a PMLA case, I remain steadfast and will continue to fight against what I perceive as persistent conspiracies against me.”
On the other side, Yatnal expressed his respect for the High Court’s decision but signaled his intention to continue his battle against alleged corruption by taking the matter to the Supreme Court, emphasizing that the fight against corruption is far from over.
