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CBI Moves Supreme Court Over Karnataka's Withdrawal of Consent in DK Shivakumar Probe

The Central Bureau of Investigation (CBI) has filed a Special Leave Petition (SLP) in the Supreme Court, challenging the Karnataka government's recent withdrawal of consent for its probe into Congress leader and Deputy Chief Minister DK Shivakumar regarding a disproportionate assets case. This move was brought to the Supreme Court’s attention by Solicitor General Tushar Mehta, who requested the court to consolidate the hearing of this SLP with another pending petition on the same matter.


The Supreme Court bench, comprising Justices Surya Kant and Ujjal Bhuyan, was hearing a separate plea filed by BJP MLA Basangouda Patil Yatnal. Yatnal’s petition challenges the Karnataka High Court's decision, which dismissed his plea questioning the state's withdrawal of consent for the CBI’s investigation. The High Court, dismissing both Yatnal's and CBI’s previous petitions, ruled that only the Supreme Court holds jurisdiction over disputes between the Union and a State under Article 131 of the Constitution.


The Supreme Court has now listed the matter for hearing in four weeks, with indications that both petitions will be addressed on the same date.


The legal proceedings stem from an investigation into DK Shivakumar, who was initially raided by the Income Tax Department in 2017, uncovering cash and assets totaling over Rs.8.5 crore, some allegedly seized from Shivakumar’s premises. Following this, the Enforcement Directorate (ED) filed a case under the Prevention of Money Laundering Act (PMLA), leading to Shivakumar’s arrest in 2019. The ED subsequently referred the matter to the CBI.


After the Congress assumed office in Karnataka in May 2023, the state government revoked its prior consent for the CBI’s probe, effectively limiting the agency’s jurisdiction. The Karnataka High Court then allowed Shivakumar to withdraw his petition challenging the CBI investigation.


The Supreme Court has previously examined issues concerning the revocation of state consent for central investigations, raising questions about state autonomy versus central oversight. The forthcoming hearing will address these constitutional considerations, especially concerning the authority to decide jurisdiction in cases involving high-ranking state officials and potential federal conflicts.




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