Karnataka Congress chief DK Shivakumar plea against govt nod to CBI in disproportionate assets case dismissed

BENGALURU: The high court on Thursday rejected the petition filed by KPCC chief DK Shivakumar challenging the consent granted by the state government to CBI to proceed in a disproportionate assets case.

Justice K Natarajan dismissed the petition wherein Shivakumar had challenged the September 25, 2019 order issued by the then BS Yediyurappa government. However, the stay vis-a-vis the FIR registered by CBI on October 3, 2020 against him will continue.

The CBI had contended that the same consent order was challenged by Shashi Kumar Shivanna, a relative of Shivakumar, and a co-ordinate bench of the high court had dismissed it. Shivakumar had argued that the decision was not bearing upon him as he (Shashi Kumar) was an HAL employee.

While dismissing the petition filed by Shashi Kumar, the co-ordinate bench had observed that when a state government accords consent for a probe by CBI under the Delhi Special Police Establishment Act-1946, it is only an administrative order and does not require enormous rejigging about the issue on hand. It was also pointed out that being a central government employee, Shashi Kumar had no locus standi in the issue.

When Shashi Kumar filed a writ appeal, a division bench rejected it and added that the appellant is at liberty to challenge the same if he is made as an accused.

The CBI had claimed that between April 1, 2013 and April 30, 2018, Shivakumar and his family members were in possession of around Rs 74.8 crore disproportionate assets.