Bengaluru: A major revelation has surfaced regarding the Karnataka government’s legal strategy in the case involving Deputy Chief Minister D.K. Shivakumar. Official records now confirm that the state government had not authorized the engagement of senior advocate Kapil Sibal for a crucial Supreme Court hearing held on September 22, 2025, even though Sibal appeared on behalf of the government in the matter where Shivakumar is the sixth respondent.
Despite the absence of formal approval, the state government reportedly proceeded to utilize Sibal’s services and is now preparing to pay him Rs 20 lakh for the Supreme Court appearance. This development has triggered political debate and questions about procedural transparency.
According to the minutes of a high-level meeting chaired by Additional Chief Secretary (Urban Development) Tushar Girinath on December 4, 2025, the issue of approving remuneration for Special Public Prosecutors and Special Counsels was discussed in detail. The documents reveal that Sibal’s appearance was arranged based on the directions of Advocate General Shashi Kiran Shetty, but without any formal government order authorizing his appointment.
The minutes further indicate that the committee decided that the Advocate General must authenticate Sibal’s bill before any payment could be processed. Sibal has submitted a claim of Rs 20 lakh for the September 22 hearing, in addition to an earlier bill of Rs 2.8 crore for multiple appearances in related cases during 2023-24.
Background of the case
The case traces back to the previous BJP government, which handed over a disproportionate assets investigation against Shivakumar to the CBI under the Prevention of Money Laundering Act. After the Congress government assumed power, it revoked the earlier order, prompting BJP MLA Basanagouda Patil Yatnal to challenge the decision in the Karnataka High Court and Supreme Court.
Kapil Sibal had represented the state government in both courts, strongly defending the Congress administration’s move to withdraw CBI consent. For these appearances—seven times in 2024 alone—he had submitted bills amounting to Rs 2.80 crore, including charges of Rs 44 lakh for multiple dates, Rs 35 lakh for the May 31 hearing, and Rs 25 lakh for the April 18 hearing.
Pending payments and official correspondence
Documents show that although the Advocate General had approved the payment of Rs 2.8 crore, the government had not released the amount on time. On February 28, 2025, the Advocate General wrote to the Additional Chief Secretary (Home Department), requesting the settlement of Sibal’s bills (Letter Nos. 476, 477, 478/AGB/2024-25).
On April 4, 2025, the Home Department approved the payment of Rs 1.13 crore for three of Sibal’s appearances in 2024. Another letter was sent to the Advocate General on April 22, confirming the approval.
Why the CBI probe was withdrawn
The government’s proposal to withdraw the 2019 order handing over the case to the CBI cites key legal inconsistencies. According to the Advocate General’s 28-page opinion, the previous BJP government had:
• Issued consent to the CBI without registering an FIR, violating Ministry of Personnel guidelines issued in 2018
• Failed to demonstrate any “extraordinary circumstances” that justified CBI intervention
• Not assessed whether the state police or the Lokayukta police were incapable of conducting the investigation
• Ignored mandatory procedural requirements in the Proforma relating to interstate or nationwide implications
The Home Department argued that these lapses rendered the BJP government’s 2019 order legally unsustainable.
The Supreme Court on November 11 directed the Karnataka High Court to dispose of all pending pleas related to the case within two weeks. Subsequently, both parties submitted a joint memo seeking adjournment, leading the High Court to postpone the hearing to November 29.
