Supreme Court Dismisses DK Shivakumar's Plea, Upholds CBI Investigation

The Supreme Court on Monday dismissed Karnataka Deputy Chief Minister DK Shivakumar's petition challenging a High Court order that upheld a Central Bureau of Investigation (CBI) case against him under the Prevention of Corruption Act.

Senior Advocate Mukul Rohatgi, representing Shivakumar, argued that the investigation lacked sanction under Section 17A of the Prevention of Corruption Act, citing a split verdict on the matter. Justice Trivedi, however, declined to quash the proceedings solely based on this issue. "Proceedings cannot be quashed based on a split verdict," said Justice Trivedi.

Rohatgi further clarified that allegations of Rs. 41 lakhs being recovered from Shivakumar were related to an Income Tax Act proceeding, asserting that the CBI should not pursue a separate case on the same grounds. Justice Trivedi disagreed, stating that the distinct nature of the offences under the Prevention of Corruption Act and said, "The case is related to a separate offence under the Prevention of Corruption Act. Income Tax authorities cannot prosecute under the PC Act."

The bench also expressed surprise over the High Court's decision to stay the sanction granted to the CBI, with Justice Trivedi remarking, "How can High Court stay sanction? This is unheard of..."

The Supreme Court's decision came after the Karnataka High Court had directed the CBI to conclude its investigation into allegations that Shivakumar accumulated disproportionate assets between 2013 and 2018. During Shivakumar's term as a minister in the previous Congress government, the CBI filed an FIR on September 3, 2020.

Recent developments saw the Congress-led Karnataka government retract its consent for the CBI to investigate Shivakumar's assets, prompting legal challenges from the investigative agency. Subsequently, the matter was forwarded to the Karnataka Lokayukta in December 2023.

Initially heard by a single judge of the Karnataka High Court, the case was later referred to a larger bench due to its complexity. The CBI initiated the disproportionate assets case against Shivakumar in October 2020 following a referral from the Directorate of Enforcement and consent from the previous BJP government in 2019.​