BENGALURU: Deputy Chief Minister D K Shivakumar on Wednesday withdrew his appeal in the High Court of Karnataka against the consent given by the state to the CBI to probe cases after it was withdrawn by the present government. The court also rejected the CBI’s contention on the state’s move to withdraw consent to the CBI to probe the disproportionate assets case against him till such time the central agency files a petition questioning the decision.
A division bench of Chief Justice P B Varale and Justice Krishna Dixit, which heard an appeal filed by Shivakumar against a single-judge bench rejecting his petition questioning the consent to CBI, noted that no one had questioned the government order withdrawing the consent and also took into account that he was withdrawing his appeal.
While senior Supreme Court advocates Kapil Sibal and Abhishek Manu Singhvi argued on behalf of Shivakumar, Advocate General Shashikiran Shetty represented the government. Senior lawyer Prasanna Kumar argued the case on behalf of the CBI.
Earlier, when the hearing started, the AG brought to the court’s attention the government order withdrawing the consent to the CBI. Singhvi also pointed out that consent to CBI to probe cases had been withdrawn.
The Chief Justice questioned whether the decision of the government was legal, to which Kapil Sibal pointed out that the previous government had violated procedure in ordering an investigation by the CBI. The CJ then questioned whether such decisions, whenever a government changes, would not affect the administration and the investigation. To this, Sibal replied that the case was withdrawn through legal process.
The CBI counsel objected to it saying that the decision at this juncture was not appropriate. He also pointed out that the investigation was at the final stage and pointed out that the cabinet decision after the FIR was filed raises questions of propriety. Questions also need to be answered if sanction to the CBI can be withdrawn after the FIR was filed.
When the bench asked if the cabinet decision had been finalised and if the CBI had questioned it, Singhvi said the agency had not raised any question and added that they would withdraw their appeal.
Reacting to the development, D K Shivakumar said, “I have done no wrong. I have faced difficulties only for doing party work. I don’t know what happened in the court and I will react later. I am humbly watching what (Basavaraj R Patil) Yatnal and other leaders are saying and I will reply at the right time. People are witness to what happened in the state for troubling me and my salutation to them”, he said.