BENGALURU: The legal tussle between the CBI and the state government over the probe against Deputy Chief Minister DK Shivakumar in the DA case escalated further with the central agency moving the High Court of Karnataka, challenging the legality of the orders passed by the government to withdraw the consent given to it to prosecute him and transferring the case to the Lokayukta police.
Justice Krishna S Dixit on Friday referred the petitions of the CBI and BJP MLA Basanagouda Patil Yatnal, questioning the legality of both the orders, to the Chief Justice for constitution of a larger bench to decide the matter, considering its enormity, which is the first of its kind arising in Karnataka.
The Congress government issued an order on November 28, 2023, withdrawing the consent given by the previous BJP government in 2019 to the CBI to prosecute Shivakumar. After this, the HC permitted Shivakumar to withdraw his pleas questioning the legality of the consent. Subsequently, on December 22, 2023, the Congress government issued another order entrusting the case to Lokayukta police.
Representing the CBI, advocate Prasanna Kumar contended that the order issued by the government withdrawing the consent would have no impact on the CBI’s FIR as per the Supreme Court order in Kazi’s case. The CBI, being the prosecuting agency, can independently challenge the action of the government. This apart, the action of the government in getting the case transferred to the Lokayukta police is without the authority of law, he argued.
Echoing the CBI’s views, advocate Venkatesh P Dalwai argued that the apex court has taken a view in almost similar cases that once the consent is accorded by the government, it cannot be withdrawn. Therefore, the CBI should continue its investigation and take the case to its logical conclusion.
Advocate-General Shashikiran Shetty opposed both petitions for lack of locus standi/maintainability. The third-party cannot meddle with the criminal proceedings, he argued, citing an apex court judgment.
Meanwhile, the CBI’s counsel submitted that the Lokayukta police may stop its investigation till the larger bench takes a decision. The AG submitted that the CBI should also stop its probe till that period. The court issued notices to the government, Lokayukta police and Shivakumar.