Cabinet decision to revoke sanction triggers fierce debate

BENGALURU: The state government’s decision to withdraw the sanction given to CBI to probe deputy CM DK Shivakumar in a disproportionate assets case has not only resulted in a war of words between rival political camps, but also triggered a debate on whether a state government is within its rights to withdraw such a sanction, given that the central agency’s probe is already under way.
Senior advocate MT Nanaiah said the government has the power to withdraw the sanction, depending on the progress of investigation. “If the central agency has substantially completed the probe, the state government cannot legally withdraw the consent,” he said while quoting a Supreme Court’s observation.
This puts the state government on the backfoot in the matter, says another senior advocate, since the CBI has submitted before the high court that it has completed 90% of the investigation and will file a chargesheet soon, when the high court vacated the stay on the investigation in October.
Besides, the HC single bench has already upheld the sanction given to CBI by the Yediyurappa-led then government while dismissing Shivakumar’s plea. A high court division bench is set to announce the verdict on Shivakumar’s appeal against the single-bench order on November 29.
“From the timing of the state cabinet’s decision, it appears that the government is potentially misusing its power to help Shivakumar avoid legal consequences,” said senior BJP MLA and former Union minister Basanagouda Patil Yatnal.
He also urged the governor to intervene and seek an explanation from the government on this.
However, the Congress government is confident that its act will stand legal scrutiny and is preparing to convince the court that the sanction was given unlawfully.
“Before giving sanction, the speaker’s mandatory consent was not taken. The sanction was given even before the advocate general gave his opinion. Even the FIR was filed almost 13 months after the sanction was given. This shows the entire act was full of malafide intentions,” RDPR minister Priyank Kharge alleged.
Yatnal countered Kharge’s contention, saying the speaker’s consent was necessary only at the time of filing the chargesheet, not at the time of starting the investigation. Former CM HD Kumaraswamy said: “By withdrawing consent given to the CBI, it has been proven that this government is for looters and not for the people of the state.”