DK Shivakumar DA case: Karnataka HC to hear Shivakumar’s appeal against CBI sanction on 22 November

A single-judge Bench had earlier dismissed Shivakumar’s petition challenging the sanction of 25 September 2019 order granted by the government to prosecute him.

Shivakumar then challenged it before the Division Bench, which had stayed the single judge’s order. The CBI had filed an application for vacation for this stay.

Also Read: Karnataka BJP prepares for Legislature Party meeting on 17 November

CBI approaches SC

The central agency also approached the Supreme Court with a special leave petition.

On 10 November, the Supreme Court disposed of a CBI plea challenging Karnataka High Court’s June 2023 interim order, staying the investigation into alleged graft/disproportionate assets case against Deputy Chief Minister DK Shivakumar.

The apex court also asked the high court to decide on the investigating agency’s application seeking the vacation of the order halting the probe.

However, it directed the high court to hear and dispose of the application and the appeal within two weeks.

The Supreme Court had said, “We are not inclined to interfere with the same, more particularly when the petitioner — the CBI — has already filed an application for vacation of the stay granted in the impugned order passed by the high court, before the high court.”

Related: SC leaves it to Karnataka HC to decide on CBI plea

High court stayed CBI proceedings

On 10 February 2023, the Karnataka High Court intervened, staying CBI proceedings in the corruption case against Shivakumar.

The court instructed the probe agency to furnish an action taken report (ATR) in the case registered under the Prevention of Corruption Act. This stay was subsequently extended on different dates.

The high court raised concerns about the CBI’s progress over the past two years, questioning when the final report would be filed.

As it adjourned the case, the court emphasised that the cases against Shivakumar dated back to 2020.

IT raid in 2017

The controversy surrounding Shivakumar commenced in August 2017 when the Income Tax (I-T) Department raided his premises.

At that time, Shivakumar was safeguarding 44 Congress MLAs from Gujarat at a resort near Bengaluru, anticipating potential poaching attempts by the BJP before a Rajya Sabha election.

The I-T officials, accompanied by armed central police forces, entered the resort on 2 August, 2017 and also executed searches at 67 locations linked to Shivakumar, his family, and friends nationwide.

The I-T Department reported discovering unaccounted-for cash of around ₹9 crore and attached properties worth crores for further investigation.

Also read: Supreme Court to hear CBI plea challenging Karnataka HC order 

The ED, CBI probes

Based on the I-T charge sheet, the Enforcement Directorate (ED) initiated a money laundering probe against Shivakumar in 2018.

Approximately 10 days after facing questioning by the ED officials, Shivakumar became the subject of CBI scrutiny.

Relying on the ED’s investigation findings, the CBI sought permission from the state government to file an FIR against the Congress state president.

The sanction was granted on 25 September 2019, and, on 3 October 2020, Shivakumar was formally booked by the CBI under the Prevention of Corruption Act.

In September 2019, he was incarcerated in Tihar Jail but secured conditional bail from the Delhi High Court a few weeks later.

Shivakumar has consistently criticised the CBI’s actions, branding them as “mental harassment” and questioning their timing, particularly in the lead-up to the Karnataka Assembly polls.

He contends that the CBI, by issuing repeated notices, is applying undue pressure despite the case originating in 2020.

(With PTI inputs)