New Delhi, Jan 29 (PTI): The Supreme Court on Wednesday questioned BJP MLA Basangouda R Patil (Yatnal) over his challenge over the withdrawal of consent to the CBI for probing the disproportionate assets case against Karnataka Deputy Chief Minister D K Shivakumar.
A bench of Justices Surya Kant and N Kotiswar Singh told senior advocate K Parmeswar, appearing for BJP MLA, it appeared the petitioner was before the Supreme Court for political mileage.
"Why are you here? For political mileage?" asked Justice Surya Kant.
Parmeswar said the state government was yet to file its counter affidavit and the issue was not political as CBI also filed an appeal.
"This is the disproportionate asset case where the state government withdrew the general consent to prevent the CBI from probing the person, who is now deputy chief minister of the state. With all due respect, this can't happen," he submitted.
Advocate Kanu Aggarwal, appearing for CBI, said the court may permit the agency to file submission on the question of law in the matter.
The bench adjourned the matter owing to paucity of time.
On September 17, last year, the top court sought the responses of Shivakumar and the state government on a plea against withdrawal of consent to the CBI for probing the disproportionate assets case against him.
Patil has challenged the Karnataka High Court’s order of August 29, 2024, rejecting his plea against withdrawal of consent.
The high court held as "non-maintainable" a petition filed by the CBI challenging the decision of Karnataka’s Congress government to withdraw the consent to probe the case.
It dismissed the plea challenging the state government's December 26, 2023 order referring the Rs 74.93 crore DA case to the Lokayukta for investigation.
The CBI had alleged that Shivakumar amassed assets disproportionate to his known sources of income between 2013 and 2018. He was a minister in the previous Congress government during this period.
Later, when the BJP came to power in the state, its government granted sanction to the CBI to prosecute Shivakumar.
The current Karnataka government headed by Siddaramaiah had on November 23, 2023 held that the previous BJP government's move to give consent to the CBI to investigate the DA case against Shivakumar was not in accordance with law and decided to withdraw the sanction.
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