Karnataka High Court Refers To Larger Bench Plea Against Withdrawal Of Consent For CBI Probe Into DK Shivakumar Disproportionate Assets Case

The Karnataka High Court today referred to a larger bench the petitions challenging State government's decision to withdraw consent for CBI probe into corruption allegations against Congress leader and Karnataka's Deputy Chief Minister DK Shivakumar.

Justice Krishna S. Dixit said the case is a first of its kind in the State and the enormity of legal issues involved require consideration by a larger bench. The single judge bench pointed that the Court will have to analyse the provisions of Prevention of Corruption Act, Income Tax Act and the Prevention of Money Laundering Act.

"Having heard the learned counsel for petitioners in these petitions and learned Advocate General appearing for the State, I am of a considered opinion that paper be placed before Hon'ble Chief Justice in terms of High Court Act or consideration at the bench and strength of his choice, so that once for all the matter would be over at the level of this court," Justice Dixit stated in the order.

The High Court was seized with the petitions moved by BJP MLA Basangouda Patil Yatnal and the central agency itself.

To give a brief context of the case, the Income Tax department had carried out a raid in August 2017 at various premises of Shivakumar in New Delhi and other places and they collected Rs.8,59,69,100. It is alleged that Rs.41.00 lakhs was recovered from his premises. Subsequently, a case was registered against Shivakumar before the Special Court for Economic Offences under the provisions of the Income Tax Act, 1961. Based upon registering the income tax case, the Directorate of Enforcement also registered a case and subsequently, Shivakumar was arrested on September 3, 2019.