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who appeared on video conference arguing for Shivakumar said that since the sanction that is under challenge has been withdrawn by the incumbent government, the issue has become infructuous and therefore he has instructions to withdraw it.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 Today, the sanction under challenge is withdrawn.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 It is liable to be allowed to be withdrawn," he argued.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Another senior counsel Kapil Sibal who appeared for the state argued that "at the moment we have withdrawn consent.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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Sanjay Raut demands re-election, alleges irregularities in EVMs during Maharashtra polls
Mumbai, Nov 25: Shiv Sena (UBT) MP Sanjay Raut on Monday demanded a re-election in Maharashtra using ballot papers, claiming there were irregularities with the electronic voting machines (EVMs).
Talking to reporters, Raut alleged several complaints about EVMs malfunctioning and questioned the integrity of the recently held elections.
The BJP-led Mahayuti won 230 out of 288 seats in the assembly elections, while the opposition Maha Vikas Aghadi managed 46 seats, with Shiv Sena (UBT) winning just 20 out of 95 seats it contested.
"We have received nearly 450 complaints regarding EVMs. Despite raising objections repeatedly, no action has been taken on these issues. How can we say these elections were conducted fairly? Hence, I demand that the results be set aside and elections be held again using ballot papers," Raut said.
Citing some instances, he said a candidate in Nashik reportedly received only four votes despite having 65 votes from his family, while in Dombivli, discrepancies were found in EVM tallies, and election officials refused to acknowledge the objections.
The Sena (UBT) leader also questioned the credibility of the landslide victories of some candidates, saying, "What revolutionary work have they done to receive more than 1.5 lakh votes? Even leaders who recently switched parties have become MLAs. This raises suspicions. For the first time, a senior leader like Sharad Pawar has expressed doubts about EVMs, which cannot be ignored."
Asked about the MVA's poor performance in the elections, Raut rejected the idea of blaming a single individual.
"We fought as a united MVA. Even a leader like Sharad Pawar, who commands immense respect in Maharashtra, faced defeat. This shows that we need to analyse the reasons behind the failure. One of the reasons is EVM irregularities and the misuse of the system, unconstitutional practices, and even judicial decisions left unresolved by Justice Chandrachud," he said.
Raut stressed that though internal differences might have existed within the MVA, the failure was collective.
He also accused the Mahayuti of conducting the elections in an unfair manner.
"I cannot call the elections fair given the numerous reports of discrepancies in EVMs, mismatched numbers, and vote irregularities across the state," Raut said.
