KARNATAKA HIGH COURT DISMISSES PLEA CHALLENGING STATE GOVT'S DECISION TO WITHDRAW CONSENT FOR CBI PROBE AGAINST DK SHIVAKUMAR

The Karnataka High Court in the case Basanagouda R Patil (Yatnal) And State Of Karnataka And Ors observed and has dismissed the petition filed by CBI & BJP MLA Basangouda Patil Yatnal challenging the decision of State Government to with draw consent for a CBI probe into corruption allegations against Congress leader and Deputy CM DK Shivakumar.

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The Division bench comprising of Justice K Somashekhar and Justice Umesh M Adiga on August 12, reserved its order wherein the petition is filed by the Central Bureau Investigation, CBI and BJP MLA Basangouda Patil Yatnal challenging the decision of State Government to withdraw consent for CBI probe into corruption allegations against Congress leader and Karnataka's Deputy Chief Minister DK Shivakumar.

The court stated that, 'The dispute dispute essentially involves a conflict between the state government and Central Bureau Investigation, CBI which operates under the supreintence of the Central Government. The issue raised concerned the statutory provisions like the Delhi Special Police Establishment Act, and Prevention of Money Laundering Act, PMLA and the relationship within Constitutional provisions in regards to division of powers between state and central government.' Adding to it, the court stated that the court hold that present writ petitions are not maintainable. The dispute is between the CBI representing the Union Government and the State government and such disputes which involve Central Government authority and State government autonomy are more appropriately addressed within the original jurisdiction of the Supreme Court.

The court dismissed the writ petition is not maintainable. The court granted the petitioner the liberty to pursue appropriate remedies before the Supreme Court.

A single-judge bench in the case observed and has referred the case to a division bench wherein stating that the case was a first of its kind in the State and the enormity of legal issues involved required consideration by a larger bench.

The counsel, Prasanna Kumar appearing for Central Bureau Investigation, CBI submitted that in almost identical circumstances, the Supreme Court has taken a view that once consent is accorded by the State government, it cannot be withdrawn and in any case, it cannot be withdrawn with retrospective effect.