On 25 September, 2019, the then CM BS Yediyurappa handed over the DK Shivakumar disproportionate asset case to CBI.
Published Nov 24, 2023 | 9:17 AM ⚊ Updated Nov 24, 2023 | 9:17 AM
Siddaramaiah Cabinet withdraws consent for CBI probe against DK Shivakumar. (Supplied)
Saying it was “not in accordance with the law”, the Siddaramaiah-led Karnataka Cabinet on Thursday, 23 November, withdrew the sanction granted to the CBI to investigate a disproportionate assets case against Deputy Chief Minister DK Shivakumar.
Shivakumar did not attend the Cabinet meeting where this significant decision was taken.
Dubbing it wrongful decision by the BJP government, Minister for Law and Parliamentary Affairs HK Patil told reporters in Bengaluru: “The BJP government decision to hand over Shivakumar’s case to CBI was not in accordance with the law. The then state government did not seek the nod of Karnataka Legislative Assembly’s Speaker.”
“We have also taken opinions of former and current advocate general. The Cabinet has decided to withdraw the sanction given for the CBI investigation against the deputy chief minister. The official order related to this will be released in the coming days,” stated Patil.
Meanwhile, BJP leaders, especially newly appointed Opposition leader R Ashok, condemned the decision of the Siddaramaiah government and termed it as “against the law”.
Meanwhile, Shivakumar’s plea to quash the Yediyurappa government’s decision to sanction the CBI probe is scheduled for hearing in the Karnataka High Court on 29 November.
On 25 September, 2019, the then chief minister BS Yediyurappa had handed over Shivakumar’s disproportionate asset case to CBI.
Minister HK Patil told reporters in Bengaluru on Thursday: “The previous government had sanctioned CBI probe against Shivakumar. The BJP government should have taken the nod of the Speaker before handing over the case to the CBI.”
“As they (BJP government) failed to take nod of the Speaker, it is not in accordance with the law. Therefore, it has been decided to withdraw it,” stated Patil.
When asked about the Supreme Court directions of August 2021 that no trial against MLAs and MPs will be withdrawn without the consent of the high courts, he said: “It has to be elaborated. I will do it later.”
The minister for law and parliamentary affairs also confirmed that Shivakumar was not part of the Cabinet meeting held on Thursday.
“If he had participated in the Cabinet meeting, it would have been conflict of interest and a setback to him in court. Hence, he stayed away from the meeting,” a Cabinet minister told South First, requesting anonymity.
The Shivakumar controversy unfolded in August 2017 when the Income Tax (I-T) Department conducted raids on his premises across the country.
During this period, Shivakumar was protecting 44 Congress MLAs from Gujarat at a resort near Bengaluru to prevent potential poaching attempts by the BJP before a Rajya Sabha election.
The I-T officials, accompanied by armed central police forces, entered the resort on August 2, 2017, and conducted searches at 67 locations connected to Shivakumar, his family, and friends all over the country.
The I-T Department reported discovering unaccounted-for cash amounting to approximately ₹8.59 crore and attached properties worth crores for further investigation.
Following the chargesheet by the I-T Department, the Enforcement Directorate (ED) initiated a money laundering probe against Shivakumar in 2018.
About 10 days after facing questioning by the ED officials, Shivakumar came under scrutiny by the CBI.
Relying on the ED’s investigative findings, the CBI sought permission from the state government to file an FIR against the Congress state president.
The sanction was granted on September 25, 2019, and on October 3, 2020, Shivakumar was formally booked by the CBI under the Prevention of Corruption Act.
In September 2019, he was incarcerated in Tihar Jail but obtained conditional bail from the Delhi High Court a few weeks later.
Shivakumar has consistently criticised the CBI’s actions, denouncing them as “mental harassment” and questioning their timing, especially in the lead-up to the Karnataka Assembly polls. He argued that the CBI, through repeated notices, is exerting undue pressure despite the case originating in 2020.
BJP’s Karnataka unit came heavily on the Siddaramaiah government for its decision to withdraw the sanction granted to the CBI probe against Shivakumar and termed it as against the law.
BJP legislature party and Opposition leader R Ashok, state president BY Vijayendra, former national general secretary CT Ravi and other leaders condemned the decision.
In his post on X, R Ashok said: “A CBI investigation against DyCM DK Shivakumar in connection with disproportionate asset case has withdrawn in the Cabinet. This is against the law. I condemn this.”
ಅಕ್ರಮ ಆಸ್ತಿ ಪ್ರಕರಣಕ್ಕೆ ಸಂಬಂಧಿಸಿದಂತೆ ಡಿಸಿಎಂ @DKShivakumar ವಿರುದ್ಧದ ಸಿಬಿಐ ತನಿಖೆಯನ್ನು ರಾಜ್ಯ ಸಚಿವ ಸಂಪುಟ ಸಭೆಯಲ್ಲಿ ಹಿಂದೆ ಪಡೆದಿರುವುದು ಕಾನೂನು ಬಾಹಿರ ಕ್ರಮ. ಇದನ್ನು ಖಂಡಿಸುತ್ತೇನೆ.
— R. Ashoka (ಆರ್. ಅಶೋಕ) (@RAshokaBJP) November 23, 2023
In his post on X, BY Vijayendra said: “In order to uphold the dignity of the Constitution and the value of democracy, many noblemen have sacrificed their power for no fault of theirs and have scripted history in politics.”
“The Congress government, which has come at the helm to write a dark history in the Karnataka politics, has taken a stance of withdrawing the CBI probe against its cabinet member DK Shivakumar. This is an attack on the values of Constitution and democratic system,” fumed Vijayendra.
“Looks like a bunch of thieves are protecting a thief,” Ravi posted on X.
