Karnataka HC Rejects Plea By Relative Of DK Shiva Kumar Against Consent Given For CBI Investigation In To Corruption Charges
Live LawThe Karnataka High Court rejected a petition filed by a close relative of formerMinister D.K. The Karnataka Government under Section 6 of the Delhi Special Police Establishment Act, 1946 gave permission to the CBI to investigate the alleged offences of corruption against DK Shivkumar and other officials of the Government of Karnataka after seeking opinion from the Advocate General of Karnataka. The Court clarified that the use of the term "sanction" in the impugned order of the State Government was wrongly employed as the action of the Government to grant permission to the CBI under Section 6 of the Delhi Special Police Establishment Act, 1946 was only "consent" to enable the CBI to investigate the offence. The Court elaborated on the distinction between the terms "sanction" and "consent" as follows: "In so far as the term "consent" found in Section 6 of the DSPE Act, 1946, it only means a "permission" of the concerned State in the constitutional scheme of things. Further, the Court noted that ato challenge the impugned order can exist with the petitioner as a matter of right only when Section 6-A of the DSPE Act, 1946 is violated and investigation and inquiry by the CBI is commenced without approval of the Central Government.