DA Case: HC Adjourns Hearing on Plea Against Withdrawal of Sanction to Prosecute Shivakumar to Jan 5

The High Court of Karnataka on Friday adjourned to January 5 the hearing on a petition challenging the withdrawal of the sanction to prosecute Deputy Chief Minister D K Shivakumar in a disproportionate assets case.

The Advocate General submitted that the petition quotes several other judgments that need to be studied for an appropriate response and therefore sought more time. The bench of Justice M Nagaprasanna acceded to the request and adjourned the hearing.

The petition was filed by BJP leader and MLA Basanagouda Patil Yatnal. During the hearing the court questioned how the petitioner has been affected by the government action and why a public interest litigation was not filed instead of a petition.

Yatnal’s advocate Venkatesh Dalawai argued that though there was no personal injury, any person could set a criminal proceeding in motion. The HC accepted this argument.

Based on the Income Tax Department raids and Enforcement Directorate’s probe, the CBI sought sanction from the state government to file an FIR against DK Shivakumar which was granted on September 25, 2019.

Following the change of government, the sanction was withdrawn on November 28, 2023. Challenging the November 28 order of the government withdrawing consent, Yatnal approached the HC alleging that it was ‘illegal’.