Keywords – Appeal, State Government, FIR, Central Bureau of Investigation , Prosecution.
A division bench comprising Chief Justice Prasanna B Varale and Justice M G S Kamal heard Karntaka Deputy Chief Minister DK Shivakumar’s appeal and stayed the single bench order of dismissing DK Shivakumar’s petition challenging the sanction granted by the State Government to the CBI for litigating him.
Karnataka Deputy Chief Minister DK Shivakumar on Monday filed an appeal before the Karnataka High Court against the dismissal of his petition in which he had challenged the sanction accorded by the State Government to the Central Bureau of Investigation (CBI) for prosecuting him. A single judge, Justice K Natarajan on April 20 dismissed the petition. Shivakumar’s counsel argued that the sanction was accorded with an ulterior motive and therefore should be quashed.
A division bench comprising Chief Justice Prasanna B Varale and Justice M G S Kamal heard DK Shivakumar’s appeal and stayed the single bench order. They further ordered issuance of notices to the State Government and the CBI to file their objections and adjourned the hearing.
The case was adjourned to July 17, the court stated. The court also ordered a temporary relief to DK Shivakumar from CBI enquiry, till the case’s next hearing in the High Court.
The background of the case is that the Income Tax department conducted a raid on the offices and residence of DK Shivakumar in 2017, following which the Enforcement Directorate (ED) started its own probe against Shivakumar. Based on the ED investigation, the CBI sought sanction from the state government to file an FIR against him.
Following this, the state government gave the sanction on September 25, 2019. The CBI filed an FIR against him on October 3, 2020. Shivakumar had challenged the sanction before the single judge bench of the High Court. His petition was dismissed on April 20, 2023.
Written by – Drishti Pandey, College – S.S.Khanna Girls Degree College, University of Allahabad Semester – 4th an intern under legal vidhiya
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