Bengaluru/UNI: The Karnataka High Court on Friday asked the Congress government in the state to make its submissions whether BJP MLA Basanagouda Patil Yatnal's writ petition, challenging the withdrawal of its consent for a CBI enquiry against Deputy Chief Minister DK Shivakumar in a graft case is maintainable or not.

"I will come to the merits, once I hear them (state government) on locus ... I will have it on 5th, you will have to answer all this (arguments by the petitioner). If I hold it as maintainable, I will hear it on merits," Justice M Nagaprasanna said.

Yatnal's counsel, Venkatesh Dalawai, contended that he is left with no option other than to file a writ petition under Article 226 to challenge the Congress government's move to withdraw its consent for CBI probe against Shivakumar.

Justice Nagaprasanna acknowledged that the criminal law can be set into motion by any person, but questioned whether a writ petition can be filed in such matters by a person who is not personally aggrieved.

The judge decided to hear the government on this aspect on January 5 and granted the Advocate General to peruse earlier judgments concerning the matter and make detailed submissions when the Court takes up the matter next.

On September 25, 2019, the then BJP-government in Karnataka had granted CBI consent to register a first information report (FIR) against Shivakumar in a case involving allegations of corruption and holding of disproportionate assets.

Shivakumar later 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 an appeal before a Division Bench.

Meanwhile, the Congress government came to power in Karnataka in May this year and on November 28, it withdrew the consent granted to CBI for the probe. By this time, Shivakumar was also appointed the Deputy Chief Minister of Karnataka.

Last month, Shivakumar was allowed by the Division Bench of the High Court to withdraw his plea which had become infructuous, since the CBI did not have consent any longer to investigate him in the case.

Aggrieved by this, Basangouda Patil Yatnal moved the present writ petition, which will next be heard on January 5.