SC Refuses To Interfere With Karnataka HC's Interim Order Staying CBI Probe Against DK Shivakumar

The Supreme Court has refused to interfere with Karnatkata HC's interim order staying the corruption case against state Deputy CM DK Shivakumar.

Karnataka Deputy Chief Minister DK Shivakumar.

Source : PTI

The Supreme Court on Monday refused to interfere with Karnataka High Court's interim order staying a CBI probe in a corruption case against Karnataka Deputy CM DK Shivakumar, reported PTI. The High Court in June this year had ordered an interim stay against the State government's 2019 order permitting the Central Bureau of Investigation (CBI) to probe Shivakumar for offences under the provisions of the Prevention of Corruption Act. The Income Tax Department had conducted a search and seizure operation in the offices and residence of Shivakumar in 2017. 

Based on it, the Enforcement Directorate (ED) started its probe against him, following which, the CBI sought sanction from the state Government to file an FIR against the Congress leader. Shivakumar had challenged the sanction on grounds that this was a politically motivated FIR and that three FIRs have already been filed earlier against him in relation to disproportionate income. Shivakumar challenged both the sanction and the FIR in two separate petitions before the Karnataka High Court.

In April this year, the Karnataka High Court dismissed the petition by state Congress president D K Shivakumar challenging the sanction given by the Bharatiya Janata Party-led state government to the Central Bureau of Investigation (CBI) for prosecuting him, news agency PTI reported. After a request by the central agency, the state government had given the sanction on September 25, 2019, based on which it filed an FIR against Shivakumar on October 3, 2020.

Notably, Shivakumar has been charged under Section 13(2), Section 13(1)(e) of the Prevention of Corruption Act.

What Shivakumar Said In His Plea

According to Shivakumar’s petition, since he was an MLA during the time the government gave the sanction, the permission of the Speaker of the Assembly had to be obtained which was not done in the case and the government had also not mentioned the reasons for granting the sanction.

However, the probe agency had objected to the plea stating that the accused cannot demand which agency should conduct investigation against him.

It was claimed that 90 per cent of the investigation was complete and the CBI submitted a status report on the investigation to the court. Since it was a special case related to disproportionate income, the petition was sought to be dismissed.

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