K'taka HC allows D K Shivakumar to file memo seeking withdrawal of his appeal in DA case
Bengaluru (PTI): The High Court of Karnataka on Wednesday allowed Deputy Chief Minister D K Shivakumar to withdraw his appeal against a single judge order over the issue of sanction to the CBI to prosecute him in assets case.
The court allowed the deputy CM to file a memo seeking to withdraw the appeal filed by him challenging the earlier order.
The single judge bench had refused to quash the sanction granted by the previous government to the CBI to prosecute him.
Senior advocate Abhishek Singhvi who appeared on video conference arguing for Shivakumar said that since the sanction that is under challenge has been withdrawn by the incumbent government, the issue has become infructuous and therefore he has instructions to withdraw it.
"The practical issue is very simple. The Writ is filed challenging a sanction. Today, the sanction under challenge is withdrawn. Somebody will challenge, some will not (the sanction) but that is not of concern today. It (Appeal) is infructuous. It is liable to be allowed to be withdrawn," he argued.
Karnataka cabinet headed by Chief Minister Siddaramaiah on November 23 held that the previous BJP government's move to give consent to the CBI to investigate the disproportionate assets case against Shivakumar, also the State Congress president, was not in accordance with law and decided to withdraw the sanction.
Another senior counsel Kapil Sibal who appeared for the state argued that "at the moment we have withdrawn consent. If the CBI thinks they have jurisdiction they can continue. As far as I am concerned, Section 6 of the Statute is very clear. If they want to challenge it they are welcome to. But the statute does not give them power. If they think they have the power they are welcome to challenge it (Statute). As far as I am concerned, they have no jurisdiction."
The counsel for the CBI argued that "whether they can overcome the order of the single judge is the question."
"Whether such an order (withdrawing consent) could be passed after an FIR is filed and investigation is going on."
The CBI counsel also submitted that as per a Supreme Court order, withdrawing consent to the CBI is "Prospective in nature and investigation already underway have to be completed."
The Bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit however said that "But it has to be challenged. If the order of the government is unsustainable, somebody can challenge it."
The HC said that it cannot expand the scope of the appeal to decide on whether the withdrawal of the sanction is good or bad in law. "It is not in our domain to ask the CBI why this order is not challenged," the court said.
The counsels were given one hour to file a memo to withdraw the appeal. The HC is on a recess and is expected to give its order on the memo later in the day.
A single judge bench had earlier dismissed Shivakumar's petition challenging the sanction of September 25, 2019 granted by the government to prosecute him. Shivakumar then challenged it before the division bench which had stayed the single judge order.
The CBI had filed an application for vacation of this stay. The agency also approached the Supreme Court which directed the HC to hear the application filed by the CBI seeking vacation of stay preferably within two weeks.
Based on the Income Tax Department's search operations in Shivakumar's home and offices in 2017, the Enforcement Directorate started its own probe against him.
Based on the ED investigation, the CBI sought sanction from the State Government to file FIR against him, for which the sanction was given the sanction on September 25, 2019. The CBI had filed an FIR against Shivakumar on October 3, 2020.
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UAE denies Netanyahu secretly visited the country during Iran war
Jerusalem (AP): Israeli Prime Minister Benjamin Netanyahu secretly visited the United Arab Emirates during the Israeli-US war with Iran, further strengthening ties with a Gulf nation that normalised relations with Israel in 2020, his office said Wednesday. The UAE denied any secret visit had occurred.
Netanyahu met with UAE President Sheikh Mohammed bin Zayed Al Nahyan in a gathering that “resulted in a historic breakthrough in relations between Israel and the United Arab Emirates", according to the Israeli statement.
THE UAE's official WAM news agency posted an article denying the report about a Netanyahu visit.
According to WAM, the country's relations with Israel “are public and conducted within the framework of the well-known and officially declared Abraham Accords, and are not based on non-transparent or unofficial arrangements”.
The report also denied any Israeli military delegation was received in the UAE.
Israel's announcement came a day after US Ambassador to Israel Mike Huckabee revealed that Israel had sent Iron Dome air-defence weapons and personnel to operate them to the UAE.
The UAE has faced Iranian missile and drone fire even after the ceasefire was reached last month. It has been trying to signal to nervous investors that it remains open for business and safe.
Last week, WAM reported that Netanyahu was among the leaders who called the Emirati president to condemn Iranian attacks and express their solidarity with the Gulf federation.
It was rare public acknowledgment of direct talks between the countries that normalized relations in the 2020 Abraham Accords and have strengthened their ties during the Iran war.
Iran has criticised that agreement and has repeatedly suggested over the years that Israel maintained a military and intelligence presence in the Emirates.
Israeli leaders have made occasional visits to the UAE in recent years after normalising relations.
Iran demands Kuwait release detainees
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Iran's foreign minister accused Kuwait of attempting to “sow discord” by detaining four Iranians that the Gulf Arab country accuses of being Revolutionary Guard operatives.
In a post Wednesday on X, Foreign Minister Abbas Araghchi demanded the Iranians' immediate release and said Iran reserved the right to respond.
“This illegal act took place near an island used by the US to attack Iran,” Araghchi wrote.
A day earlier, Kuwait said four men were detained and two escaped while trying to infiltrate Bubiyan Island in the northwest corner of the Persian Gulf on May 1.
Bubiyan Island is home to Mubarak Al Kabeer Port, which is under construction as part of a Chinese plan to build infrastructure across the world. It also came under Iranian attack during the war.
Iranian human rights lawyer released
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Prominent Iranian human rights lawyer Nasrin Sotoudeh has been released from prison more than a month after being detained, a rights group and her daughter said Wednesday.
Sotoudeh, who is known for defending activists, opposition politicians and women prosecuted for removing their headscarves, was detained by Iranian intelligence agents at her house in Tehran in April.
Her release comes as US President Donald Trump arrived in China for a long-anticipated visit that is expected to touch on the war in Iran.
The US-based Human Rights Activists News Agency, which closely tracks developments in Iran, said that Sotoudeh was released on bail from Tehran's Evin Prison.
Her daughter, Mehraveh Khandan, posted on social media that Sotoudeh was released on temporary custody. Iran's semiofficial ISNA news agency also reported Sotoudeh release.
Sotoudeh has been imprisoned multiple times. Her activist husband, Reza Khandan, has been imprisoned in the same prison as his wife.
Nobel Peace laureate needs long-term care
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Doctors who examined Nobel Peace laureate and activist Narges Mohammadi more than a week after she collapsed at a prison in Iran said she needs months of treatment, according to her foundation.
Mohammadi, 53, was urgently transferred from prison to a hospital in northwestern Iran on May 1 after she fell unconscious. She was released on bail nearly 10 days later and transferred to a hospital in Tehran where her specialists examined her.
The doctors said her vascular disease has worsened since she was last checked in 2024 and recommended eight months of treatment.
She was awarded the Nobel in 2023 while in prison and has been jailed repeatedly throughout her career. Her latest imprisonment began in December when she was arrested in the northeastern Iranian city of Mashhad.
