New Delhi, Dec 16 The Supreme Court on Monday remarked that it is not powerless to annul proceedings pending before Karnataka Lokayukta against Karnataka Deputy Chief Minister, D.K. Shivakumar, in a Disproportionate Assets (DA) case.
A Bench of Justices Surya Kant and Ujjal Bhuyan observed that it was not bound to accept the fait accompli after BJP MLA Basanagouda Patil Yatnal’s counsel contended that the Lokayukta will likely file a closure report favouring Shivakumar.
The Justice Kant-led Bench also declined to pass any interim order staying the ongoing proceedings before the Lokayukta and posted the matter for further hearing in January next year.
In the meantime, it asked the Karnataka government to respond to the Special Leave Petitions filed by BJP MLA Yatnal as well as the Central Bureau of Investigation (CBI) questioning the Congress government's decision to withdraw consent for a CBI probe.
In November last year, the state Cabinet took a decision to withdraw consent for the CBI probe accorded by the previous BJP government.
Earlier, Yatnal moved the Karnataka High Court challenging the state government's decision to withdraw consent for the CBI probe.
In his petition, Yatnal claimed that the government's move was aimed at scuttling the CBI probe, and an attempt was being made to interfere with the judiciary.
However, the Karnataka High Court, in its decision delivered on August 29, said that the CBI can move the Supreme Court, which should decide the matter between the state government and the CBI.
"It would be more appropriate if the Supreme Court examines the matter, as the High Court's decision in this connection might be inappropriate," said a Bench of Justices K. Somashekar and Umesh M Adiga.
The CBI had also questioned the Congress government's decision to withdraw the consent given to the CBI to investigate the DA case against Shivakumar by the Yediyurappa-headed BJP government on September 25, 2019.
It was alleged that Shivakumar amassed properties worth Rs 74 crore between 2013 and 2018, which were deemed disproportionate against his known sources of income.
In November last year, the Karnataka HC had allowed Shivakumar to withdraw his petition challenging the CBI investigation against him in the DA case following the state government's move to withdraw consent for the probe by the CBI.
The incumbent Chief Minister Siddaramaiah-led Congress government handed it over to the Lokayukta for investigation following the withdrawal of the consent to the CBI.
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