New Delhi: The Supreme Court on Tuesday issued notice to Karnataka Deputy Chief Minister DK Shivakumar and the state government on a plea challenging the withdrawal of consent to the CBI to probe the disproportionate assets case against the senior Congress leader.
The matter was taken up by a bench comprising justices Surya Kant and Ujjal Bhuyan. During the hearing, senior advocate Abhishek Singhvi, representing Shivakumar, pointed out that the CBI, which should be most aggrieved by the High Court order, has not filed an appeal before the apex court.
The bench told Singhvi that he may be right and the High Court could have said that CBI is the aggrieved party and not the other one. Senior advocate Siddharth Dave, representing BJP MLA Basangouda R Patil Patil, said the judgment of the high court did not contain even a whisper about his locus.
The bench asked how Article 131 of the Constitution for filing an appeal before the Supreme Court would lie here as it was something between the state and the CBI.
After hearing submissions, the apex court said it would examine the matter and also allowed the state government and Shivakumar to raise preliminary objections.
The bench issued notice on a plea filed by BJP MLA Basangouda R Patil (Yatnal) in which he challenged the Karnataka High Court’s order of August 29 rejecting his plea against the withdrawal of consent.
The High Court had junked the petitions filed by Yatnal and the CBI against the Congress government’s decision to withdraw consent for investigating a corruption case against Shivakumar.
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