Supreme Court seeks State response in CBI plea to restore corruption probe against DK Shivakumar

The Supreme Court on Friday sought the response of the Karnataka government and its Deputy Chief Minister DK Shivakumar to a plea by the Central Bureau of Investigation (CBI) for the restoration of a corruption probe against Shivakumar [Central Bureau of Investigation v. State of Karnataka and ors].

The CBI has challenged the Karnataka High Court's rejection of its petition against the Congress-led Karnataka government's decision to withdraw consent for a CBI probe into the corruption allegations against Shivakumar.

A Bench of Justices Surya Kant and Ujjal Bhuyan today issued notice in the matter.

Notably, Bharatiya Janata Party (BJP) leader Basanagouda R Patil (Yatnal) too has challenged the High Court ruling by which his petition to restore the CBI probe was 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 joined Yatnal in challenging the High Court verdict thereafter.

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 Karnataka 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 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.