Karnataka High Court Refers To Larger Bench Plea Against Withdrawal Of Consent For CBI Probe Into DK Shivakumar Disproportionate Assets Case

The Karnataka High Court today referred to a larger bench the petitions challenging State government's decision to withdraw consent for CBI probe into corruption allegations against Congress leader and Karnataka's Deputy Chief Minister DK Shivakumar.Justice Krishna S. Dixit said the case is a first of its kind in the State and the enormity of legal issues involved require consideration by a larger bench. The single judge bench pointed that the Court will have to analyse the provisions of Prevention of Corruption Act, Income Tax Act and the Prevention of Money Laundering Act."Having heard the learned counsel for petitioners in these petitions and learned Advocate General appearing for the State, I am of a considered opinion that paper be placed before Hon'ble Chief Justice in terms of High Court Act or consideration at the bench and strength of his choice, so that once for all the matter would be over at the level of this court," Justice Dixit stated in the order.The High Court was seized with the petitions moved by BJP MLA Basangouda Patil Yatnal and the central agency itself.To give a brief context of the case, the Income Tax department had carried out a raid in August 2017 at various premises of Shivakumar in New Delhi and other places and they collected Rs.8,59,69,100. It is alleged that Rs.41.00 lakhs was recovered from his premises. Subsequently, a case was registered against Shivakumar before the Special Court for Economic Offences under the provisions of the Income Tax Act, 1961. Based upon registering the income tax case, the Directorate of Enforcement also registered a case and subsequently, Shivakumar was arrested on September 3, 2019.Thereafter, the office of the Special Director of ED issued a letter dated 09.09.2019 to the State Government by acting under Section 66(2) of Prevention of Money Laundering Act, 2002. Following which the Government of Karnataka (led by BJP) accorded sanction against Shivakumar, referring the matter to the CBI for investigating the case. Earlier, the High Court had dismissed Deputy Chief Minister DK Shivakumar's plea to quash CBI's disproportionate assets case against him under provisions of the Prevention of Corruption Act. However, Subsequent to the Karnataka government (led by Congress) withdrawing its consent for CBI probe in November 2023, the High Court had permitted Deputy CM DK Shivakumar to withdraw his petition and appeal challenging the consent to prosecute him given to CBI in the disproportionate assets case.Now, one of the issues to be decided as per Justice Dixit is whether consent (for CBI probe) given by earlier government is binding on the government which is elected in the subsequent event.CBI counsel Prasanna Kumar submitted that in almost identical circumstance, Supreme Court has taken a view that once consent is accorded by the State government, it cannot be withdrawn and in any case it cannot be withdrawn with retrospective effect.The AG opposed the petitions on ground of lack of locus standi and cited various SC decisions on the point that a third party cannot meddle with criminal proceedings.

Karnataka High Court Refers To Larger Bench Plea Against Withdrawal Of Consent For CBI Probe Into DK Shivakumar Disproportionate Assets Case

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