Today(on 15th July),The Supreme Court dismissed Karnataka Deputy Chief Minister D.K. Shivakumar’s plea seeking to quash the CBI’s case alleging disproportionate assets against him. The decision was made on Monday, marking a setback for Shivakumar in the ongoing legal proceedings.
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NEW DELHI: Today(on 15th July), The Supreme Court of India, dismissed the plea of Karnataka Deputy Chief Minister DK Shivakumar to quash a case registered against him by the Central Bureau of Investigation (CBI) concerning an alleged disproportionate assets case.
A bench comprising Justices Bela M Trivedi and SC Sharma stated-
“Sorry. Dismissed,”
indicating that they were not inclined to interfere with the Karnataka High Court’s previous order.
High Court’s Directive to CBI
DK Shivakumar’s plea was initially rejected by the Karnataka High Court on October 19, 2023. The High Court directed the CBI to complete its investigation and file a report within three months. According to the CBI, DK Shivakumar accumulated assets that were disproportionate to his known sources of income between 2013 and 2018, during his tenure as a minister in the previous Congress government.
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Background of the FIR and Legal Battle
The case against DK Shivakumar began with an FIR filed by the CBI on September 3, 2020. Shivakumar challenged this FIR in the High Court in 2021. The CBI’s investigation was based on a referral from the Directorate of Enforcement, which emerged from corruption charges following an Income Tax probe.
Disputes Over Government Orders
The CBI also contested two significant decisions by the Congress government in Karnataka. One decision, dated November 28, 2023, withdrew consent for the CBI to investigate Shivakumar’s assets. The other, dated December 26, 2023, referred the matter to the Karnataka Lokayukta. The CBI sought an interim stay on these government orders while challenging them in court.
Initially, the CBI case, along with a related petition by BJP MLA Basanagouda Patil Yatnal, was brought before a single judge in the Karnataka High Court. However, on January 5, 2024, the case was referred to the Chief Justice of Karnataka to be assigned to a larger bench due to the complex legal issues involved.
Timeline of the Case
The origin of the CBI case against DK Shivakumar dates back to October 3, 2020, following consent from the previous BJP government on September 25, 2019. This consent was given after the Directorate of Enforcement’s referral related to corruption charges. The Congress government, which came to power in May 2023, subsequently withdrew the 2019 consent after a cabinet decision on November 23, 2023. The Congress has argued that the referral to the CBI in 2019 occurred before the FIR was registered in 2020.
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The Supreme Court’s decision to dismiss DK Shivakumar’s plea upholds the High Court’s directive, ensuring that the CBI continues its investigation into the alleged disproportionate assets case. The legal tussle, involving complex jurisdictional and procedural issues, highlights the ongoing scrutiny of political figures and the interplay between state and central investigative agencies.
