Supreme Court Affirms Authority to Overturn Lokayukta Proceedings Against Shivakumar
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New Delhi, Dec 16 (NationPress) The Supreme Court stated on Monday that it possesses the authority to annul proceedings currently pending before the Karnataka Lokayukta against Karnataka Deputy Chief Minister, D.K. Shivakumar, in relation to a Disproportionate Assets (DA) case.
A bench comprising Justices Surya Kant and Ujjal Bhuyan indicated that it is not obligated to accept a fait accompli after counsel for BJP MLA Basanagouda Patil Yatnal argued that the Lokayukta is expected to submit a closure report in favor of Shivakumar.
The Justice Kant-led bench further refused to issue any interim order to halt the ongoing proceedings at the Lokayukta and scheduled the case for a follow-up hearing in January of the following year.
In the interim, the court directed the Karnataka government to respond to the Special Leave Petitions filed by BJP MLA Yatnal and the Central Bureau of Investigation (CBI), which questioned the Congress government’s decision to withdraw its consent for a CBI investigation.
Last November, the state Cabinet decided to retract the consent for the CBI investigation that had been granted by the previous BJP administration.
Previously, Yatnal approached the Karnataka High Court challenging the state government’s decision to revoke consent for the CBI probe.
In his petition, Yatnal argued that the government's action was intended to obstruct the CBI investigation and interfere with judicial processes.
However, the Karnataka High Court, in a ruling delivered on August 29, indicated that the CBI has the option to escalate the matter to the Supreme Court, which should adjudicate the dispute between the state government and the CBI.
"It would be more appropriate for the Supreme Court to review the situation, as the High Court's ruling might not be suitable," stated a bench of Justices K. Somashekar and Umesh M Adiga.
The CBI also questioned the Congress government's decision to withdraw its consent, which had been granted to investigate the DA case against Shivakumar by the BJP government led by B.S. Yediyurappa on September 25, 2019.
Allegations suggest that Shivakumar amassed assets totaling Rs 74 crore from 2013 to 2018, which were considered disproportionate compared to his known income sources.
In November of the prior year, the Karnataka HC permitted Shivakumar to withdraw his petition challenging the CBI's investigation into the DA case, following the state government’s decision to withdraw consent for the CBI's probe.
The current Chief Minister Siddaramaiah-led Congress government subsequently transferred the investigation to the Lokayukta following the revocation of consent for the CBI.
