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Synopsis

The Karnataka High Court has stayed the order of the state government granting consent to the CBI to probe the disproportionate assets case against Deputy Chief Minister D K Shivakumar.

A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal, by the order, provided relief to the State Congress chief in the case lodged under the provisions of the Prevention of Corruption Act.

Court has also issued notice to the CBI and the state government and fixed the matter for further hearing on July 17.

Shivakumar challenged the validity of April 20, 2023 order by a single bench, which had dismissed his petition questioning order of sanction granted by the Karnataka government led by B S Yeddyurappa on September 25, 2019.

In his plea, Shivakumar claimed that an order by a co-ordinate bench dismissing the petition filed by one Shashikumar Shivanna, a HAL employee, cannot have any bearing upon his case.

Shashikumar had also challenged the very consent order of September 25, 2019 and the coordinate bench had dismissed his petition. 

While dismissing Shashikumar’s petition, the co-ordinate bench had observed that when the state government accords consent for CBI probe under the Delhi Special Police Establishment Act, 1946, it is only an administrative order where application of mind is not required.

The single judge bench of Justice K Natarajan had held that the judgement by the coordinate bench in Shashikumar’s petition was binding on Shivakumar also. 

The single judge had also noted that any flaw in the order of consent cannot vitiate the probe with 90% of the investigation having been complete.

According to the FIR, during the check period between April 1, 2013 and April 30, 2018, Shivakumar and his family members were in possession of Rs 74.93 crore disproportionate assets, which has not been explained with proper documents.

The action against Shivakumar followed a raid by the Income Tax department at his offices and residence in 2017. Subsequently, the Enforcement Directorate (ED) started its own probe against Shivakumar. After this, the CBI sought sanction from the state government to file an FIR against him.