The Karnataka High Court has recently stated that it will hear the appeal filed by Deputy Chief Minister DK Shivakumar on November 22 against the sanction accorded by the previous BJP government to the Central Bureau of Investigation to prosecute him in a disproportionate assets case.
The CBI brought to the notice of the division bench of the HC comprising Chief Justice Prasanna B Varale and Justice Krishna S Dixit about the Supreme Court’s direction that the “the application filed by the CBI seeking vacation of stay and the appeal pending before it (be disposed) as expeditiously as possible and preferably within 2 weeks.”
Following this, the court fixed the date of hearing for November 22.
A single judge bench earlier dismissed Shivakumar’s petition challenging the sanction of September 25, 2019 granted by the government to prosecute him. Shivakumar challenged it before the division bench which stayed the single judge’s order.
The CBI filed an application for vacation for this stay. The central agency also approached the top Court with a special leave petition.
The Supreme Court stated, “We aren’t inclined to interfere with the same, more particularly when the petitioner – CBI – has already filed an application for vacation of the stay granted in the impugned order passed by the High Court, before the High Court.”
However, it directed the HC to hear and dispose of the application and appeal within 2 weeks.
The Income Tax Department conducted a search and seizure operation in the offices and residence of Shivakumar in 2017.
Based on this, the ED started its own probe against Shivakumar. Based on the ED investigation, the CBI sought sanction from the State government to file a FIR against him.
Following this request by the CBI, the State government gave the sanction on September 25, 2019. Based on it, the CBI filed an FIR against him on October 3, 2020.
Shivakumar challenged the sanction before the single judge bench of the High Court. Justice K Natarajan dismissed the petition on April 20, 2023.
