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BJP MLA moves Karnataka High Court against State decision to withdraw CBI consent for probe against DK Shivakumar

On September 25, 2019, the BJP government in Karnataka had granted CBI consent to register a first information report (FIR) against Shivakumar in the case.

Shivakumar moved a writ petition before a single-judge bench of the High Court challenging the same. On April 4 this year, the plea was dismissed, following which Shivakumar moved a Division Bench.

Meanwhile, the Congress government came to power in the State in May this year and on November 28, it withdrew the consent granted to CBI for probe.

Following the same, Shivakumar was allowed by the High Court to withdraw his plea which had become moot.

Aggrieved by this, Patil has moved the High Court.

As per Patil, the order of the State is ‘highly illegal’ and ‘not worth the paper on which it is printed’ as it is in conflict with law laid down by the Supreme Court in Kazi Lhendup Dorji vs CBI.

Patil has sought quashing of the order that withdrew the CBI consent. Further, he has sought a direction to the CBI to continue the investigation against Shivakumar. The plea argues that irrespective of whether or not the order is legal, the investigation will have to be completed.

Source: Barandbench

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