Disproportionate assets case: Supreme Court rejects D K Shivakumar’s plea to quash CBI case against him

The Supreme Court on Monday dismissed Karnataka Deputy Chief Minister D K Shivakumar's plea to quash the Central Bureau of Investigation's (CBI) disproportionate assets case against him.

The bench, headed by Justices Bela M Trivedi and SC Sharma, ruled it was not inclined to interfere with the Karnataka High Court order. “Sorry. Dismissed,” the bench said. 

The judges further noted that the court had no sound reason to interfere with the case. “How could the proceedings be quashed against you? This is a case under the Prevention of Corruption [PC] Act...We are not going to quash it,” the bench told senior counsel Mukul Rohatgi, who appeared for Shivakumar, reported Hindustan Times.

Shivakumar had filed a petition in the Supreme Court against the Karnataka High Court's order dated October 19, 2023. The Karnataka High Court had further directed the CBI to conclude the investigation and file the report within three months.

The CBI has alleged that D K Shivakumar acquired assets disproportionate to declared sources of income from 2013 to 2018. He had served as a minister in the previous Congress government during the same time.

The CBI filed the FIR on September 3, 2020. D K Shivakumar challenged the FIR in the Karnataka High Court in 2021.

Senior advocate Mukul Rohtagi, who represented Shivakumar, said the investigation had begun without obtaining the customary sanction under Section 17A of the Prevention of Corruption Act. The bench, however, did not agree, reported Live Law.

Reports further mentioned that Justice Trivedi noted the allegations that ₹41 lakh was recovered from Shivakumar. Rohtagi defended his client by stating that such matters fall under the Income Tax Act and that a CBI FIR could not be filed on the same case.

The Supreme Court further disapproved of the High Court's order to stay the sanction granted to the CBI. “How can the High Court stay sanction? This is unheard of...,” said Justice Trivedi, reported Live Law.

A BJP worker, Priti Gandhi, posted on X, “When Congress is in power, they don't allow agencies to take action. When they're in opposition, they cry political vendetta. But this time, the evidence is glaring, there is no getting away!! [sic]”