The Case Against Shivakumar: Allegations of Disproportionate Assets
The Supreme Court of India has dismissed a petition filed by Karnataka Deputy Chief Minister D.K. Shivakumar, seeking to quash a First Information Report (FIR) lodged by the Central Bureau of Investigation (CBI) in 2020. The FIR accuses Shivakumar of amassing disproportionate assets amounting to a staggering ₹74.93 crore, a serious offense under the Prevention of Corruption (PC) Act.
Legal Arguments and Contentions
During the proceedings before a bench comprising Justices Bela M. Trivedi and SC Sharma, Shivakumar’s legal counsel, senior advocates Mukul Rohatgi and Vipin Sanghi, vehemently argued that the CBI’s case was “completely illegal.” They contended that the central probe agency had not adhered to Section 17A of the PC Act, which mandates prior approval from the appropriate authority before initiating an investigation against a public servant.
Court’s Response: Serious Charges and Incriminating Evidence
Justice Trivedi, however, remained unconvinced by Shivakumar’s arguments, highlighting the gravity of the charges and the presence of incriminating evidence. The court referenced the recovery of ₹41 lakh from Shivakumar’s premises during Income Tax raids in 2017, underscoring the legitimacy of the CBI’s investigation.
Parallel Probes: Income Tax and CBI Investigations
Shivakumar’s counsel further argued that the CBI’s investigation ran parallel to an ongoing probe by the Income Tax department, contending that simultaneous inquiries into the same matter were unwarranted. However, Justice Trivedi dismissed this claim, asserting that the two investigations were distinct and that the CBI’s actions were justified.
Karnataka High Court’s Earlier Ruling
The Supreme Court’s decision aligns with an earlier ruling by the Karnataka High Court in October 2023, which also declined to quash the CBI case against Shivakumar. The High Court’s stance affirmed the validity of the CBI’s investigation and its adherence to due process.
Summary
The Supreme Court’s rejection of D.K. Shivakumar’s plea to dismiss the CBI’s corruption case marks a setback for the Karnataka Deputy Chief Minister. The court’s decision underscores the seriousness of the allegations and the evidence supporting the investigation, upholding the legal foundation of the case.
Key Learning Points
| Aspect | Detail |
|---|---|
| Case Status | Supreme Court dismisses D.K. Shivakumar’s plea to quash CBI’s corruption case |
| Charges | Possession of disproportionate assets under the Prevention of Corruption Act |
| Legal Arguments | Non-compliance with Section 17A of PC Act, parallel investigations |
| Court’s Stance | Serious charges, incriminating evidence, distinct investigations |
| Previous Ruling | Karnataka High Court also refused to quash the CBI case in October 2023 |
Soumya Smruti Sahoo is a seasoned journalist with extensive experience in both international and Indian news writing. With a sharp analytical mind and a dedication to uncovering the truth, Soumya has built a reputation for delivering in-depth, well-researched articles that provide readers with a clear understanding of complex global and domestic issues. Her work reflects a deep commitment to journalistic integrity, making her a trusted source for accurate and insightful news coverage.
