Bengaluru: Bengaluru (Karnataka): Deputy Chief Minister and Karnataka Pradesh Congress Committee President DK Shivakumar has withdrawn the appeal filed challenging the action of the single-member bench, which had dismissed the petition challenging the government's permission to conduct an investigation against him.
In this regard, the bench of Chief Justice Prasanna Balachandra Varale and Justice Krishna S Dixit of the Karnataka High Court, which heard the plea of the petitioner's counsel, allowed the withdrawal of the petition.
During the hearing, senior advocates Uday Holla and Abhishek Manu Singhvi, appearing for the petitioner, submitted a memo that they were withdrawing the appeal. Also, Advocate General Shashikiran Shetty and Senior Advocate Kapil Sibal appeared on behalf of the government and said that they have withdrawn the order allowing a CBI investigation against the petitioner.
Considering these factors, the bench said that no one has so far questioned the decision of the Cabinet. Therefore, the plea of CBI and the BJP MLA Basanagowda Patil Yatnal cannot be considered and the petition has been disposed of.
The bench said in its order that the appellant himself decided to withdraw the application. Since the petitioners have requested to withdraw their petitions and appeals, the court is allowing the same and disposing of the petitions.
Cabinet had recently withdrawn the order: The previous BJP-led state government had ordered a CBI investigation in connection with the case of illegal asset acquisition against Deputy CM DK Shivakumar. This order was withdrawn on November 23 in the meeting of the Karnataka Cabinet.
Law Minister H K Patil had said the previous government had decided to conduct a CBI investigation against DK Shivakumar. "But without obtaining legal permission from the Assembly Speaker, the government handed over the case to the CBI for investigation. The decision of the government was not as per the law," he added.
BJP statement: The Karnataka BJP said that the withdrawal of permission given for the CBI investigation against DK Shivakumar is an unforgivable crime. BJP leaders including former Chief Minister BS Yeddyurappa expressed outrage that the state government saying that the state government "took an illegal decision to protect Shivakumar."
BS Yeddyurappa said that party MLAs will speak about this in the Belgavi session. the CBI was entrusted with the investigation on the consent of the Advocate General. DK Shivakumar on his part had said that there was no substance in the allegations.
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