Advocate General granted time to respond: Karnataka HC sets new date for Yatnal's PIL on DK Shivakumar
Karnataka High Court has granted Advocate General time to respond to the petition filed by BJP MLA Basanagouda Patil Yatnal’s PIL against DK Shivakumar and adjourned the next hearing to January 5, 2024. Justice M. Nagaprasana presided over the hearing.
MLA Yatnal had appealed against the Karnataka state cabinet's decision to retract permission granted to the Central Bureau of Investigation (CBI) for probing Deputy Chief Minister DK Shivakumar in the disproportionate assets (DA) case. Yatnal had filed a provisional petition on November 28.
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According to an order by the Supreme Court in 1994 case, the matter cannot be withdrawn when once it is entrusted to the CBI. The Supreme Court's 1994 Kazi Lhendup Dorji case establishes that once permission is granted for a CBI probe, it cannot be withdrawn, was cited by Yatnal. National contends that the CBI investigation is nearing completion, and the agency should be allowed to conclude its inquiry. The Karnataka cabinet had withdrawn the CBI's sanction to investigate Shivakumar, citing procedural irregularities by the previous BJP government.
Justice M. Nagaprasana asked Yatnal's lawyer many detailed questions during the proceedings. He wanted to know more about how the government's action might have affected Yatnal, what rights he claims he has lost, and why he chose to file a writ petition instead of a public interest litigation (PIL).
Yatnal, who initially filed a provisional application in the appeal, had his arguments heard by a division bench of the High Court. Venkatesh Dalaway, representing Yatnal, cited a Supreme Court verdict affirming that anyone can register a criminal case. Meanwhile, the court granted time for arguments in favour of the government, with Advocate General Shashikiran Shetty presenting the state's perspective.