D. K. SHIVAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition filed by the petitioner under Articles 226 and 227 of the Constitution of India praying for issue a writ, in the nature of certiorari or any other appropriate writ or order or direction, quashing the Government Order bearing No.E-HD/40/COD/2019 dtd. 25/9/2019 issued by the 2nd respondent by according sanction for prosecution to the 3rd respondent-CBI to investigate the alleged offences committed by the petitioner under the provision of Prevention of Corruption Act (herein after referred as to ' PC Act ').

(2.) Heard Sri. Udaya Holla, learned Senior Counsel appearing for the petitioner, learned SPP-II appearing for respondent Nos.1 and 2 and Sri P. Prasanna Kumar, learned Special Counsel appearing for respondent No.3.

(3.) The case of the petitioner is that he is the sitting MLA and the President of the Karnataka Pradesh Congress Party and he is said to be doing various business including mining and real estate development. There was raid conducted by the income tax department officials on 2/8/2017 on the various premises of the petitioner in New Delhi and other places and they collected Rs.8,59,69,100.00. It is alleged that Rs.41.00 lakhs was recovered form the premises of the petitioner. Subsequently, the income tax department officials registered a case by filing a complaint against the petitioner before the Special Court for Economic Offences under the provisions of the Income Tax Act , 1961. Based upon registering the income tax case, the Directorate of Enforcement (hereinafter referred to as 'ED') also registered a case in No.ECIR/04/HQ/2018 and subsequently, the petitioner was arrested on 3/9/2019. Thereafter, the office of the Special Director of ED issued a letter dtd. 9/9/2019 to the State Government by acting under Sec. 66(2) of Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'PML Act'). The letter has been sent to the Chief Secretary of Government of Karnataka and the Government of Karnataka accorded sanction against the petitioner referring the matter to the CBI for investigating the case for offences punishable under the provisions of PC Act , 2018 vide its order dtd. 25/9/2019, which is under challenge.