A bench of Justices Surya Kant and Ujjal Bhuyan issued a notice to Shivakumar and the state government while seeking their responses to the writ petition. The current Karnataka Cabinet headed by Chief Minister Siddaramaiah on 23 November 2023, held that the previous BJP government’s 2019 move to give consent to the CBI to investigate the DA case against Shivakumar was not in accordance with the law and decided accordingly to withdraw the sanction . . On August 29, the Karnataka High Court deemed as “untenable” a petition filed by the CBI and BJP MLA Basanagouda Patil Yatnal challenging the Congress government’s decision to withdraw the consent. Patil, however, challenged the high court’s order in the higher court, which sought responses from Shivakumar and the state government. On September 17, the same bench issued notices to Shivakumar and the state government on the plea filed by Patil. On August 29, the high court dismissed the petition, which also challenged the state government’s December 26, 2023 order referring the Rs 74.93 crore DA case to the Lokayukta for investigation. The CBI alleged that Shivakumar amassed assets disproportionate to his known sources of income between 2013 and 2018. He was a minister in the previous Congress government during this period.

The CBI registered the DA case against Shivakumar on 3 October 2020, based on the consent given by the BJP government on 25 September 2019, following a referral by the Enforcement Directorate (ED) to investigate allegations of corruption arising from an investigation regarding income tax. The BJP government later granted sanction to the CBI to prosecute Shivakumar.

The politician was arrested by the ED in September 2019 on alleged money laundering charges arising out of an Income Tax department investigation against him between 2017 and 2019. He was released on bail in the ED case in October 2019. In On March 5, the top court quashed the money laundering case against Shivakumar, saying it must be linked to the scheduled crime.