Disproportionate Assets Case: High Court Permits DK Shivakumar To Withdraw Challenge After Karnataka Govt Withdraws Consent For CBI Probe

Subsequent to the Karnataka government withdrawing consent accorded to the CBI, the High Court today permitted Deputy CM DK Shivakumar to withdraw his petition and appeal challenging the consent to prosecute him given to CBI in the disproportionate assets case.

A Division Bench of Chief Justice PB Varale and Justice Krishna S Dixit said in the absence of any challenge to the GO, it cannot comment upon the government's decision to withdraw the consent.

Both CBI and counsel appearing for an intervenor had argued that the GO was motivated to protect the interests of the Congress leader.

"Though counsel vehemently submit that State ought not to have withdrawn the consent and such course is not acceptable, in our opinion we are not able to assess the submission as upto now there is no challenge to the decision of the govt," High Court said.

Agreeing, Senior Advocate Dr. AM Singhvi submitted, "Today sanction has been withdrawn, somebody will challenge or somebody will not. It is not the concern of the court. Today the matter is infructuous and liable to be disposed off."

Senior Advocate Kapil Sibal, appearing for the Karnataka government submitted that the very initiation of proceedings in the case was invalid. "I have passed order and withdrawn consent, I have nothing more to say. If someone want to challenge they can if someone want to withdraw the case they can."

CBI counsel on the other hand contended by withdrawing consent, how the State could overcome the order of the single judge bench which had vacated interim stay on CBI probe and ordered the central agency to complete its investigation and file the final report in a time bound manner.

Case Title: D. K. Shivakumar And State of Karnataka & Others.

Case No: WA 646 of 2023.

Citation No: 2023 LiveLaw (Kar) 454