CBI moves Supreme Court against Karnataka withdrawing consent to probe DK Shivakumar

The Central Bureau of Investigation (CBI) has moved the Supreme Court challenging the Karnataka government's decision to withdraw consent for probe into allegations of corruption against deputy Chief Minister DK Shivakumar [Basanagouda R Patil Yatnal v. State of Karnataka and ors].

The CBI has challenged the Karnataka High Court's rejection of its petition challenging the Congress-led Karnataka government's decision in the matter.

Solicitor General Tushar Mehta told a Bench of Justices Surya Kant and Ujjal Bhuyan that the central agency has filed an appeal before the top court in the case.

Earlier, Bharatiya Janata Party (BJP) leader Basanagouda R Patil (Yatnal) had already challenged the same High Court ruling by which his petition to restore the CBI probe was also rejected.

The High Court had rejected the plea as not maintainable after observing that the issue concerns a Centre-State dispute since it involves a central agency.

The Supreme Court had issued notice in Yatnal's appeal challenging this High Court ruling in September, while expressing reservations about the High Court's approach.

The CBI has now joined Yatnal in challenging the High Court verdict.

The matter was today adjourned for four weeks.

Senior Advocate K Parameshwar appeared for Yatnal. Senior Advocate Ranjit Kumar appeared for Shivakumar.

By way of background, on September 25, 2019, the then BJP-government in Karnataka granted CBI consent to register a first information report against Shivakumar in a case involving allegations of corruption and holding of disproportionate assets.

Shivakumar later moved a writ petition before a single-judge bench of the High Court challenging the same. On April 4, 2023, the plea was dismissed by the single-judge following which Shivakumar moved an appeal before a Division Bench of the High Court.

Meanwhile, the Congress government came to power in the State in May 2023 and on November 28 that year, it withdrew the consent granted to CBI for the probe. By this time, Shivakumar was also appointed the Deputy Chief Minister of Karnataka.

This withdrawal of consent was then challenged by the CBI as well as Yatnal before the Karnataka High Court. They also challenged the State's December 2023 decision to refer the allegations against Shivakumar to the Karnataka Lokayukta for a probe.

The Karnataka High Court rejected these petitions on August 29 leading to the appeals by Yatnal and the CBI before the Supreme Court.