Supreme Court refuses to quash CBI disproportionate assets case against DK Shivakumar

The Supreme Court on Monday dismissed a plea filed by Karnataka Deputy Chief Minister DK Shivakumar to quash a disproportionate assets case filed against him by the Central Bureau of Investigation (CBI) [DK Shivakumar v. Central Bureau of Investigation]..A Bench of Justices Bela M Trivedi and Satish Chandra Sharma dismissed the Congress leader's plea challenging the previous BJP-led State government's decision to permit the CBI to investigate the alleged offences under the Prevention of Corruption Act (PC Act)."How High Court stay the sanction order granted by government? This is unheard of," the top court said today.When Senior Advocate Mukul Rohatgi, appearing for Shivakumar, pointed out that the sanction for a CBI probe against Shivakumar had already been withdrawn, Justice Trivedi said,"That is a different thing, but how High Court can grant such order?".During the hearing, Rohatgi argued,"We are on a new question. The ground is this Court has held that if the predicate offence is only conspiracy, it cannot be a standalone offence and it has to be added by some other offence as well (referring to a split verdict by Justice Trivedi and Justice Aniruddha Bose)."Justice Trivedi then said,"We cannot quash the case on the basis of split verdict by this Court."Rohatgi then submitted that his client was being probed by the Income Tax authorities in relation to the same case. However, the Court said,"But you are also prosecuted under Prevention of Corruption (PC) Act. Income Tax authorities can't prosecute under PC Act. We can't interfere. Sorry.".The First Information Report (FIR) against DK Shivakumar was registered on October 3, 2020. It alleged that his assets 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..A single-judge of the Karnataka High Court had in October 2023 dismissed Shivakumar's plea to quash the CBI probe. Meanwhile, a new State government led by the Congress party can into power. Following this development, the State government withdrew the sanction granted by the previous State regime for a CBI probe against Shivakumar. Consequently, on November 29, 2023, a Division Bench of the High Court allowed Shivakumar to withdraw an appeal challenging the High Court's October 2023 dismissal of his plea.In December that year, BJP leader Basanagouda Patil Yatnal challenged the State government's withdrawal of consent for the CBI probe. The CBI too filed a similar challenge. Both writ petitions to restore the CBI probe were eventually heard in detail by a Division Bench of the High Court over the course of this year. The Division Bench is yet to pronounce a verdict on these writ petitions.