29-Jan-2025 11:13 PM
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New Delhi, Jan 29 (Reporter) The Supreme Court has questioned the political motives of BJP MLA Basangouda Patil Yatnal for challenging the Karnataka government's withdrawal of consent for the Central Bureau of Investigation (CBI) to prosecute Congress leader and Deputy Chief Minister D K Shivakumar in a disproportionate assets case.
"Why are you, for political mileage, before the Supreme Court? Go there in the political field and contest the election," Justice Surya Kant remarked on Monday.
A bench, comprising Justices Surya Kant and N Kotiswar Singh, was hearing Yatnal's challenge against the Karnataka High Court's decision dismissing his petition questioning the withdrawal of consent for the CBI probe.
The Court also listed a plea by the CBI challenging the withdrawal of consent.
Responding to the court's remark, Senior Advocate K Parameswar, representing Yatnal, argued that the matter was not politically motivated. Instead, he emphasized that the Congress government withdrew consent to the CBI probe after coming to power in Karnataka, which involved a substantial legal issue.
On behalf of D K Shivakumar and the CBI, the Court was informed that affidavits had been filed. The Karnataka government was directed to submit its counter-affidavit.
Observing no immediate urgency, the matter was adjourned to March 26.
In August 2017, the Income Tax Department conducted raids on multiple properties linked to D K Shivakumar, including premises in New Delhi, seizing Rs 8.59 crore, with Rs 41 lakh reportedly recovered from Shivakumar's residence.
Subsequently, a case was registered before the special court for economic offences under the Income Tax Act, 1961.
Following this, the Enforcement Directorate (ED) registered a money laundering case and arrested Shivakumar on September 3, 2019.
On September 9, 2019, the ED sought sanction from the Karnataka government to prosecute Shivakumar, which was accorded, and the matter was referred to the CBI.
Shivakumar challenged the sanction in the Karnataka High Court, which initially dismissed his petition but granted interim relief by staying the CBI probe on several occasions.
In July 2023, the Supreme Court declined to entertain the CBI’s plea against these interim orders, terming them "purely interlocutory." However, the top court later issued notice on a CBI plea challenging the High Court's order staying the investigation against Shivakumar.
The plea was eventually dismissed on November 10, 2023.
After the Congress government formed the state government in May 2023, it withdrew consent for the CBI probe, leading Shivakumar to withdraw his petition challenging the prosecution.
In August 2024, the Karnataka High Court dismissed petitions by the CBI and Yatnal challenging the government's decision to withdraw the consent. Both Yatnal and the CBI subsequently approached the Supreme Court.
BJP MLA Basangouda Patil-Yatnal was represented by Senior Advocate K Parameswar and D K Shivakumar was represented by Senior Advocate Dr Abhishek Manu Singhvi...////...