“Karnataka High Court Denies CBI Probe into Deputy CM D.K. Shivakumar”

The Karnataka High Court has recently granted significant relief to Deputy Chief Minister D.K. Shivakumar by dismissing a plea from the Central Bureau of Investigation (CBI) aimed at pursuing an investigation into allegations of disproportionate assets against him. This ruling comes after a lengthy legal saga that began in 2020, when the CBI registered a case based on consent from the previous BJP government, following a reference from the Enforcement Directorate (ED) related to corruption charges that arose during an Income Tax investigation.

In a decisive ruling on Thursday, a bench comprising Justices K. Somashekhar and Umesh Adiga deemed the CBI’s petition “non-maintainable.” The court scrutinized the state government’s decision made on November 28, 2023, to withdraw its consent for the CBI to investigate alleged illegal assets held by Shivakumar. Additionally, the court reviewed a subsequent order from December 26, 2023, which referred the matter to the Lokayukta for further inquiry.

The judges indicated that the issues raised in the CBI’s plea would be more appropriately addressed by the Supreme Court, which is currently considering similar legal questions in other cases. This decision has been a pivotal moment for Shivakumar, who has faced numerous allegations and legal challenges over the past few years.

Represented by prominent lawyers Kapil Sibal and Abhishek Manu Singhvi, Shivakumar has maintained that the allegations against him are unfounded. The CBI and BJP MLA Basanagouda Patil Yatnal, who has also filed a petition against Shivakumar, referred to prior Supreme Court rulings that permitted CBI investigations to continue despite the withdrawal of state consent. They cited the landmark 1994 case, Khazi Lhendup Dorji vs. CBI, which established that revoking consent does not impede ongoing investigations.

The CBI alleges that Shivakumar has accumulated assets amounting to ₹74.93 crore between April 2013 and April 2018, an amount that they claim is disproportionate to his declared sources of income. These allegations were initially brought to light as part of a broader ED inquiry into money laundering, which resulted in Shivakumar’s arrest in September 2019. He was released on bail shortly thereafter.

The legal landscape shifted significantly when the Supreme Court quashed the ED’s proceedings against Shivakumar on March 5, 2024. Citing its earlier ruling from November 29, 2023, in the Pavana Dibbur case, the Supreme Court stated that money laundering proceedings can only be initiated if they are linked to a major or scheduled crime. This ruling is particularly significant as it establishes that charges under the Prevention of Money Laundering Act (PMLA) require a serious predicate offense, which the court found lacking in Shivakumar’s case.

The ED’s investigation began in 2018 after extensive income tax searches on various premises associated with Shivakumar. Notably, these searches occurred when he was sheltering a group of Gujarat Congress MLAs to prevent BJP poaching during a critical Rajya Sabha election. The dismissal of the CBI’s plea and the quashing of multiple cases against Shivakumar are considered crucial developments that may enhance his political prospects, particularly his aspirations to lead the Congress party in Karnataka.

As the political landscape continues to evolve, the implications of these legal battles will likely resonate throughout the state, influencing both public perception and the future direction of Karnataka’s leadership. The interplay between legal proceedings and political ambitions underscores the complexities that often characterize Indian politics, particularly in regions with vibrant party rivalries.

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