They've Done Injustice: Karnataka Cong Chief After HC Dismisses Plea Challenging Sanction To Prosecute Him

Disproportionate Assets Case: Blaming the BJP, Karnataka Congress President D K Shivakumar said that the party is "trying to use various agencies". He maintained everything is transparent in his case.

Karnataka Congress President D K Shivakumar on Friday said that he will approach higher courts as he believes he is facing "injustice" after the Karnataka High Court dismissed his petition challenging the sanction given by the state government to the Central Bureau of Investigation (CBI) for prosecuting him in disproportionate assets case. He has been charged under Section 13(2), Section 13(1)(e) of the Prevention of Corruption Act.

"I will approach the High Courts, I will fight till the last breath. I believe in court of law. I still believe they have done an injustice. Everything is transparent (sic),"  Shivakumar said, as quoted by news agency ANI.

"All my papers are transparent whatever I have filled to the election commission, Income Tax, ED, Lokayukta, and CBI. They are trying to interpret it in a different format. They want to create problems for me and they are harassing me. Notices have been given to me by the income tax department. I don’t want to talk about law/court matters. I am ready to face whatever they give," the Karnataka Congress President remarked.

Blaming the ruling BJP government, he said: "BJP is blackmailing the people of Karnataka. The double engine could not help during Covid, drought and any kind of problems. They are harassing West Bengal, Andhra Pradesh, and many other opposition govt states. We can sustain all these pressures."

Disproportionate Assets Case:  D K Shivakumar Challenged Sanction And FIR, Know CBI's Response

The High Court of Karnataka on Thursday dismissed the petition by D K Shivakumar challenging the sanction given by the Karnataka Government to the CBI for prosecuting him. Following a request by the central agency, the State Government had given the sanction on September 25, 2019, based on which it had filed an FIR against him on October 3, 2020, news agency PTI reported.

Shivakumar challenged both the sanction and the FIR in two separate petitions before the High Court.

Earlier this week, the court reserved its judgment on the petition challenging the sanction. On Wednesday, it adjourned the hearing of the other petition challenging the FIR to May 30.

The single-judge bench of Justice K Natarajan on Thursday evening dismissed the petition challenging the sanction.

In 2017, the Income Tax Department conducted a search and seizure operation in the offices and residence of Shivakumar. Based on it, the Enforcement Directorate (ED) started its own probe against the Karnataka Congress leader. After the ED investigation, the CBI sought sanction from the State Government to file an FIR against him.

Shivakumar had challenged the sanction contending that this was a politically motivated FIR, and three earlier FIRs had already been filed against him in relation to disproportionate income. Since he was an MLA, the permission of the Speaker of the Assembly had to be obtained which was not done in this case. The Government had also not mentioned the reasons for granting the sanction.

As per PTI's report, the CBI objected to the petition arguing that the accused cannot demand which agency should conduct an investigation against him.

It also contended that since the CBI was enacted under a special act, there was no need to mention the reasons to grant sanction for prosecution.

The probe agency claimed that 90 per cent of the investigation was complete. The CBI also submitted a status report on the investigation to the court. Since it was a special case related to disproportionate income, the petition was sought to be dismissed.