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Karnataka Cabinet approves withdrawal of CBI investigation against DCM DK Shivakumar

Karnataka Cabinet, led by the Congress government, has given the green light to withdraw the sanction granted by the previous BJP government for a Central Bureau of Investigation (CBI) probe into the alleged disproportionate assets case involving Deputy Chief Minister D K Shivakumar.
 

Karnataka Cabinet approves withdrawal of CBI investigation against DCM DK Shivakumar
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First Published Nov 24, 2023, 11:51 AM IST

The decision, announced on Thursday, follows a series of legal developments, including the Karnataka High Court's refusal on October 19 to quash the investigations against Shivakumar. The court directed the CBI to complete its inquiry, initiated in 2020, within three months.

This marks the latest development in a case that has been ongoing since 2019. Shivakumar, who faces a corruption case registered by the CBI in 2020, is accused of accumulating illegal wealth amounting to Rs 74 crore during his tenure as a minister in the Congress government in Karnataka between 2013 and 2018.
Also Read: Karnataka: DK Shivakumar strategizes corporation board appointments amidst ministerial aspirations

The withdrawal of the CBI sanction comes after the Karnataka High Court, on April 20, rejected Shivakumar's plea to quash the 2019 sanction for the investigation. The current Cabinet decision is rooted in the claim that the sanction granted in September 2019 was contrary to legal provisions. 

State Law Minister H K Patil explained that the decision was unilateral, taken by the former Chief Minister, without obtaining the required permission from the Speaker of the legislature. He emphasized that the Speaker's clearance was a legal prerequisite, and the absence of it rendered the decision contrary to the law.

The Cabinet arrived at this decision after reviewing opinions provided by both the previous and current Advocate Generals, highlighting the procedural lapses in granting the sanction. According to Patil, an administrative order for the withdrawal of the sanction will be passed in the coming days. The Karnataka High Court is scheduled to hear Shivakumar's appeal against the April 20 decision on November 29.

Notably, the proposal to withdraw the case from the CBI was put forth by the Karnataka home department.

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