Published Oct 19, 2023 | 2:20 PM ⚊ Updated Oct 19, 2023 | 8:14 PM
Karnataka Deputy CM DK Shivakumar (Supplied)
In a significant blow to Karnataka Deputy Chief Minister DK Shivakumar, the Karnataka High Court on Thursday, 19 October, rejected his plea seeking cancellation of a CBI investigation into the disproportionate assets case filed against him.
The high court, lifting its interim stay on the probe, has instructed the agency to conclude its investigation and submit a final report within three months.
Justice K Natarajan emphasised that the petition had been filed after considerable delay and that a substantial portion of the CBI’s inquiry had already been completed.
This development comes after the Supreme Court issued a notice to Shivakumar in response to a CBI plea challenging the Karnataka High Court order that temporarily halted an investigation into the alleged corruption and disproportionate assets case on 16 October.
Shivakumar had submitted a plea seeking the dismissal of the CBI’s disproportionate assets case filed against him in October 2020.
Meanwhile, Shivakumar said on Thursday that he had faith in the court and would fight the case and respond to allegations, within the framework of the law.
Previously, Shivakumar contested the authorisation for prosecution.
In April, the Karnataka High Court rejected this petition; however, during the proceedings, it provided interim relief by halting the CBI investigation. The CBI’s appeal is currently awaiting a decision in the Supreme Court.
The high court’s decision marks a critical development in the legal proceedings against Shivakumar, adding pressure as the court urges a swift resolution to the investigation into the alleged disproportionate assets.
After lifting its interim stay on the CBI probe, the high court directed the agency to complete its inquiry and submit a final report within three months.
Justice K Natarajan underscored the delayed filing of the petition and noted that a significant portion of the CBI’s investigation had already been concluded.
Shivakumar told reporters in Belagavi on Thursday: “The FIR filed against me is not right. There are many loopholes. Hence, I had filed a plea before the high court.”
On Monday, 16 October, the Supreme Court issued a notice to Shivakumar in response to a plea by the CBI challenging a Karnataka High Court order in June that had temporarily halted the investigation into an alleged corruption and disproportionate assets case.
Justices Aniruddha Bose and Bela M Trivedi, constituting the bench, declined to immediately suspend the high court judgment contested by the CBI, with Justice Bose stating, “We are not staying it ex-parte.”
Additional Solicitor General SV Raju representing the investigating agency, informed the bench that 90 percent of the probe in the case has been completed and requested the court to temporarily suspend the high court order that halted the investigation.
Alleging a conspiracy by the BJP, while also targeting JD(S) leader HD Kumaraswamy’s statement about sending him to Tihar jail, the state Congress President said that he would not run away but respond to everything.
“I had filed an appeal before the court stating that the FIR is not right. During the Yediyurappa (BJP) government, because of political motives, they gave sanctions to the CBI. They (CBI) have said (told court) that they have completed 90 per cent of the investigation, but till now I have not been called even once to inquire about my assets,” Shivakumar said.
Speaking to reporters, he said, “Inquiry has to be done about assets belonging to me and my wife, but they have not inquired with us about it till now. I’m unable to understand how they have completed 90 percent.”
“I have faith in the court, I will fight, I will answer. Whatever might be their (political opponents/BJP) efforts, I have faith. I’m within the framework of law and will respond from within that framework. Whatever may be BJP’s conspiracy, there is court and I will respond with my list (of facts/documents),” he added
Asked if he would file an appeal in the Supreme Court, Shivakumar said, “Let’s see, I just got to know about it over the phone. The court is said to have asked for the investigation to be completed in three months. Let’s see; they (CBI) may give me notice, call me, and seek my response. Let’s see what they will do.”
To a question on whether he was a victim of the Union government’s alleged hate politics, he said, “Let it be, that is part of politics.”
Regarding the next course of legal action, Shivakumar’s brother and Bangalore Rural MP DK Suresh said that a decision would be taken in consultation with lawyers.
“Whether it is ED or IT or CBI, we have always cooperated with the probe. We will continue to do so,” he said.
The DK Shivakumar controversy unfolded in August 2017 when the Income Tax (I-T) Department conducted a raid on him.
During this period, Shivakumar was safeguarding 44 Congress MLAs from Gujarat at a Bengaluru resort, anticipating potential poaching attempts by the BJP ahead of Rajya Sabha election.
On 2 August, 2017, I-T officials, accompanied by armed central police forces, entered the resort and conducted searches at 67 locations connected to Shivakumar, his family, and friends across the country.
The I-T Department reported discovering at least ₹9 crore in unaccounted cash and attached properties worth crores for further investigation.
In 2018, the Enforcement Directorate (ED) initiated a money laundering probe against Shivakumar based on the chargesheet filed by the I-T Department.
Approximately 10 days after being questioning by ED officials, Shivakumar came under scrutiny of the CBI.
Relying on the findings of the ED’s investigation, the CBI sought permission from the state government to file an FIR against Shivakumar.
The sanction was granted on September 25, 2019, and on October 3, 2020, Shivakumar was formally booked by the CBI under the Prevention of Corruption Act.
In September 2019, he was incarcerated in Tihar Jail but obtained conditional bail from the Delhi High Court a few weeks later.
Shivakumar has consistently criticised the CBI’s actions, describing them as “mental harassment” and questioning their timing, especially in the lead-up to the Karnataka Assembly polls.
He contends that the CBI, through repeated notices, is exerting undue pressure, despite the case originating in 2020.
On February 10, 2023, the Karnataka High Court intervened by issuing a stay on the CBI proceedings related to the corruption case involving Shivakumar.
The court directed the probe agency to provide an action-taken report in connection with the case filed under the Prevention of Corruption Act. This stay was subsequently extended on multiple occasions.
Expressing apprehensions about the CBI’s progress in the preceding two years, the high court raised questions regarding the anticipated timeline for filing the final report.
During the adjournment of the case, the court underscored that the charges against Shivakumar date back to 2020, adding a layer of scrutiny to the ongoing legal proceedings.
