DKS case: ‘Sanction given by then govt. not as per law’

The State Cabinet on Thursday decided that the earlier sanction given by the BJP government to hand over the case against Deputy Chief Minister D. K. Shivakumar to the Central Bureau of Investigation (CBI) as “not in accordance with law”.

The State Cabinet on Thursday decided that the earlier sanction given by the BJP government to hand over the case against Deputy Chief Minister D. K. Shivakumar to the Central Bureau of Investigation (CBI) as “not in accordance with law”.

With this decision, sources said, it is likely that the government will withdraw the permission accorded to the CBI in this case. Briefing reporters here after the Cabinet meeting, Law and Parliamentary Affairs Minister H.K. Patil said: “The sanction to give the case to the CBI was taken after an oral direction from the then Chief Minister (B.S. Yediyurappa). The then Speaker’s sanction that is mandatory was not taken.”

Incidentally, Mr. Shivakumar was not present at the Cabinet meeting when the issue came up for discussion. The agency is currently investigating Mr. Shivakumar for allegedly possessing assets worth ₹74.93 crore disproportionate to his known sources of income during the period 2013-2018.

Recently, the Karnataka High Court had refused to quash the case registered against him by the CBI.

Mr. Patil said that the government had taken the opinion of the then Advocate-General and as well as the present one before holding that the decision to hand over the case to the CBI was not in accordance with law.

“Administrative approvals that will be a fallout of the Cabinet decision will come out in the next couple of days,” the Minister said. He, however, did not elaborate on that.

Asked if it was not a case of favouritism, Mr. Patil said that the legal position had been given attention. “We have gone by rules and regulations.”