The Karnataka High Court has said the Central Bureau of Investigation cannot continue investigating Deputy Chief Minister DK Shivkaumar - roiled in a disproportionate assets case - since the state had withdrawn permission for the federal agency to operate in its jurisdiction.
Chief Minister Siddaramaiah's government had revoked permission under Section 21 of the General Clauses Act, which allows government to amend or cancel earlier orders.
The court, simultaneously, also rejected a similar petition by the BJP's Basanagouda Yatnal.
The CBI has been given liberty to approach the Supreme Court but cannot, at this time, investigate corruption charges against the Deputy Chief Minister. The case has been given to the Lokayukta.
Mr Shivakumar has declared he will accept any ruling by the top court as "God's decision".
"I believe in the courts... and I believe in God. I will accept the court's decision as God's..." he told reporters this morning while inspecting an infrastructure project in Karnataka's Sakleshpur.
READ | "Will Accept Supreme Court's Decision As God's...": DK Shivakumar
Speaking earlier this month too, the Congress leader, referred to as DKS, was on the warpath."I am aware of (the CBI's probe)...let them. I am ready to face the consequences," he said, claiming a conspiracy to arrest him and warning his rivals he would "start revealing scams committed (by them)..."
READ | "There Is A Conspiracy To Put Me In Prison": DK Shivakumar
Mr Shivakumar, who is also the ruling Congress' state unit boss, appeared before a Lokayukta panel last week, as summoned, to cooperate with its inquiry into the illegal assets case against him.
In November last year the Congress withdrew consent for the CBI's investigation, which began back in September 2020. The CBI claims Mr Shivakumar amassed assets disproportionate to known sources of income from 2013 to 2018; he was a minister in the Congress government of the time.
The amount in question is believed to be Rs 74 crore.
That consent - declared "illegal" - had been granted by the previous government - run by fierce rivals BJP. The move triggered a predictable political row, with the BJP and its ally, the Janata Dal (Secular) up in arms; they accused the Congress of an "immoral" decision to protect Mr Shivakumar.
READ | CBI Going Beyond Its Limits In Assets Case Against Me: DK Shivakumar
Ex Chief Minister BS Yediyurappa, whose government summoned the CBI, hit back saying it was the Enforcement Directorate (another federal agency) that claimed DKS had violated anti-corruption laws.
He also pointed out the High Court, in a separate plea in October last year, before consent was withdrawn, refused to quash the case against Mr Shivakumar, pointing to submitted evidence.
The spat worsened in December after the case was given to the Karnataka Lokayukta.
The CBI then approached the High Court to challenge the withdrawal of consent. On that occasion the court sided with the federal agency; the stay was lifted and the CBI told to file a report in three months.
Earlier this year Mr Shivakumar moved the top court against the High Court's October decision, but got no relief. "Sorry. Dismissed," Justices Bela M Trivedi and SC Sharma said.
READ | "Unfair": DK Shivakumar On Top Court's "Sorry" In CBI Case
"This is a setback. What to do? This is unfair," he told NDTV.
"I will look at all legal aspects and see how I can file an appeal. Everyone knows how political and vindictive... my issues have been going on. When BJP government was there they gave CBI permission..."
"At the same time Karnataka government withdrew permission to CBI and handed case to Lokayukta... but now CBI is continuing... despite the government withdrawing consent," he had complained.
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