Karnataka High Court rejects plea by DK Shivakumar to quash CBI case in disproportionate assets matter

The Karnataka High Court on Thursday dismissed a plea filed by Karnataka Deputy Chief Minister (CM) and Congress leader DK Shivakumar to quash the first information report (FIR) registered against him by the Central Bureau of Investigation (CBI) in connection with a disproportionate assets case. [Sri DK Shivakumar v. CBI].Justice K Natarajan pronounced the order this morning. .The judge opined that Shivakumar had filed the plea after an inordinate delay. The Court further observed that most of the CBI's investigation has been concluded. "During the investigation, the court cannot appreciate the evidences and documents or material without conclusion of investigation or prior to submitting of the final report which amounts to conducting a mini trial for quashing the FIR," the Court added. .The Court clarified that Shivakumar is at liberty to approach the Court again with a plea to quash the case after the investigation is complete and the final report in the case is submitted by the CBI, if he has any grievance then. The judge further observed that any concerns regarding any delay in completing the probe can be addressed by fixing a timeline for the investigation. Justice Natarajan proceeded to order the CBI to conclude the probe within 3 months from the date of the judgment. .Accordingly, the earlier interim stay of the High Court on the CBI probe was lifted by Justice Natarajan. A copy of the detailed order is awaited..The FIR against Shivakumar was registered on October 3, 2020 alleging that his assets had increased disproportionately from 2013 to 2018.According to the FIR, Shivakumar and his family had possessed movable and immovable assets worth ₹33.92 crore in April 2013, but by 2018, they had acquired assets valued at ₹128.6 crore, bringing their total assets to ₹162.53 crore as of April 30, 2018.The previous Bharatiya Janata Party (BJP)-led State government had in September 2019, allowed the CBI to conduct an investigation against Shivakumar in relation to allegations which also concerned mining and real estate activities.On April 20 this year, the High Court rejected Shivakumar's plea against the State government’s decision to grant sanction for a CBI probe in the case.This order was challenged by Shivakumar before a High Court division bench of Chief Justice PB Varale and Justice MGS Kamal, who ordered an interim stay on the CBI probe.The division bench order of stay was later challenged by the CBI before the Supreme Court. However, the top court refused to interfere with the stay and instead directed the High Court to expeditiously dispose of the appeal and connected matters in the case. The matter came up again before the Supreme Court earlier this week, on October 16. However, the Court again declined to lift the stay, observing that it cannot do so ex-parte (without hearing the other party affected). With today's High Court order, the stay on the CBI investigation has been lifted.