Bengaluru: The Karnataka High Court on Thursday held as "non-maintainable" a petition filed by the Central Bureau of Investigation (CBI) challenging the Congress government's decision to withdraw consent to it for investigating a disproportionate assets (DA) case against Deputy Chief Minister D K Shivakumar.
A division bench, comprising Justices K Somashekar and Umesh M Adiga, also dismissed the plea challenging the State government's December 26, 2023 order referring the Rs 74.93 crore DA case to the Lokayukta for investigation. In a 67-page judgment, the High Court stated that the issues raised in the petition should be addressed by the Supreme Court.
The bench had reserved its judgment on the matter on August 12. The CBI had earlier alleged that Shivakumar amassed assets disproportionate to his known sources of income between 2013 and 2018. He was a minister in the previous Congress government during this period.
The previous BJP government had granted sanction to the CBI to prosecute Shivakumar, following which an FIR was lodged against him and an investigation undertaken on charges of disproportionate assets. The current Karnataka Cabinet headed by Chief Minister Siddaramaiah on November 23 held that the previous BJP government's move to give consent to the CBI to investigate the DA case against Shivakumar was not in accordance with law and decided to withdraw the sanction.
Affirming his faith in the judiciary, Shivakumar told reporters here that he knew that he would get justice because he never did anything wrong. He, however, said the cases against him would continue till he died because his opponents were unable to digest his growth. "I have grown up in politics after much struggle but the BJP has been conspiring against me," the Deputy CM said.
According to him, the CBI never investigated any Disproportionate Assets case in Karnataka but the then Chief Minister B S Yediyurappa handed over his case to the CBI 'in a hurry'. "They (BJP) had sent me to jail in the past under the Prevention of Money Laundering Act. I had then said that I would get justice. The ED case against me was dismissed. I had contended then and now also that I have not done anything wrong," he said.
Shivakumar said the order was more a victory for the Karnataka government than him as the chief minister had contended that handing over the case to the CBI was not proper. "The CM did not say that the investigation should not happen. Like all other cases, this case has been handed over to the Lokayukta. Now the Lokayukta is investigating the case. I handed over papers, I was summoned, and I went there and gave them a reply," he explained.
He charged that they did not do even half of the investigation. "If troubling someone was the intention, then anyone can be put to trouble. So the job of troubling (me) is going on. They (CBI) had gone to the court," Shivakumar said. "I have faith in the judiciary. I did not cheat anyone because I didn't need to. I always believed that the judiciary would protect me," he added.
Meanwhile, the Vijayapura BJP MLA Basanagouda Patil (Yatnal) who had challenged the state government's decision to withdraw its consent to the CBI to probe against Shivakumar, said he would pursue the matter further in the Supreme Court. "The Honorable High Court of Karnataka has dismissed the petitions filed by me and the CBI challenging the government's withdrawal of the order in the Disproportionate Assets case. I respect the court's decision and will continue to pursue the matter in the Supreme Court. This fight against corruption will not end here," he said on 'X'.
Reacting to it, Shivakumar sought to know how he was connected to the case. "What is the connection between my case and Yatnal? According to me, even the CBI has no connection. CBI is like a police station. The High Court has said that this is a matter related to the governments. CBI is not a government. CBI is only a police station. They register an FIR. Government has a right. Centre has the right. Court belongs to both - me and them (the government)," he added.
When asked whether this was an end or a beginning of a legal battle, Shivakumar said, "This will go on till his death. People are unable to digest me. My friends will trouble me till my end. I have to face it and fight it."
