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Karnataka cabinet decides to withdraw nod for CBI probe against DK Shivakumar in assets case

The Cabinet decision comes a little over a month after the Karnataka High Court on October 19 refused to quash the investigations against Shivakumar and directed the CBI to complete within three months the investigation that had begun in 2020.

DK ShivakumarThe Karnataka High Court had last month rejected Shivakumar’s plea seeking the quashing of the disproportionate assets case registered against him. It, however, directed the CBI to complete the probe within three months. (PTI/File)
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The Karnataka Cabinet on Thursday decided to withdraw the sanction accorded to the CBI by the previous BJP government to investigate a disproportionate assets case against Deputy Chief Minister and state Congress chief D K Shivakumar.

The Cabinet decision comes a little over a month after the Karnataka High Court on October 19 refused to quash the investigations against Shivakumar and directed the CBI to complete within three months the investigation that had begun in 2020.

It also comes seven months after the Karnataka HC on April 20 rejected a specific plea by Shivakumar to quash the 2019 sanction for the CBI investigation against him.

Shivakumar faces a corruption case registered against him in 2020 by the CBI for amassing illegal wealth to the tune of Rs 74 crore when he was a minister in the Congress government in Karnataka between 2013 to 2018.

The sanction for CBI investigation was given during the tenure of then CM B S Yediyurappa.

The Cabinet based its decision to declare that the sanction granted in September 2019 by the BJP government is “not in accordance with law” after studying opinions provided by the previous advocate general and the current Advocate General K Shashi Kiran Shetty and perusing the fact that the Speaker’s clearance was not obtained as required.

“A unilateral decision was taken by the former CM to accord the sanction. There was a requirement to obtain the permission of the Speaker of the legislature but this was not done and the CBI had been accorded sanction for investigation,” the state law minister H K Patil said after the meeting.

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“The opinions of the previous advocate general and the current advocate general in this matter were studied. Speaker’s permission was not obtained which goes against the law… so the decision is not in accordance with law,” he said.

The Law minister said an administrative order for withdrawal of the sanction will be passed in a day or two.

The Karnataka HC is scheduled to hear on November 29 an appeal filed by Shivakumar against the April 20 decision of a single-judge bench to reject his plea.

Leader of Opposition (BJP) in Karnataka R Ashok termed the Cabinet decision a “contempt of court”.

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