Supreme Court Queries BJP MLA Over Appeal Against Karnataka High Court Decision in Shivakumar’s Case

The Supreme Court on Wednesday scrutinized BJP MLA Basangouda R Patil (Yatnal) regarding his appeal against the Karnataka High Court’s decision to uphold the withdrawal of consent for a CBI probe into the alleged disproportionate assets of Karnataka Deputy Chief Minister D K Shivakumar.

During the hearing, a bench comprising Justices Surya Kant and N Kotiswar Singh questioned the motives behind the MLA’s petition, hinting at potential political motivations. “Why are you here? For political mileage?” Justice Surya Kant inquired, highlighting the court’s skepticism towards the timing and nature of the appeal.

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Senior advocate K Parmeswar, representing the BJP MLA, argued that the matter transcended political lines and emphasized the state government’s delay in filing its counter-affidavit. He stressed that the CBI had also filed an appeal, underlining the legal complexities of the case.

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The case in question involves allegations that Shivakumar accumulated assets worth Rs 74.93 crore that were disproportionate to his known sources of income during his tenure as a minister in the previous Congress government from 2013 to 2018. Following a shift in power, the then BJP-led state government authorized the CBI to initiate proceedings against Shivakumar.

However, the current Congress government under Chief Minister Siddaramaiah reversed this decision on November 23, 2023, by withdrawing consent for the CBI investigation and subsequently directing the Lokayukta to take over the probe.

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The high court had earlier dismissed a plea by the CBI challenging this withdrawal, labeling it “non-maintainable” and maintaining that the state’s decision stood within legal boundaries.

Advocate Kanu Aggarwal, representing the CBI, requested the Supreme Court’s permission for the agency to submit its legal arguments, indicating the ongoing legal battle over jurisdiction and authority in the high-profile case.

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