Karnataka Deputy Chief Minister DK Shivakumar’s petition to overturn a High Court order was denied by the Supreme Court today, July 15. Shivakumar was attempting to have the Central Bureau of Investigation’s disproportionate assets (DA) case against him under the Prevention of Corruption Act (PCA) quashed.
The case was heard by a bench consisting of Justices Bela M. Trivedi and Satish Chandra Sharma.
In his representation of Shivakumar, Senior Advocate Mukul Rohatgi argued that the probe had started without the required authorization under Section 17A of the Prevention of Corruption Act. He further argued that a bigger bench should consider whether Section 17A applies to offenses purportedly committed prior to the 2018 amendment that incorporated Section 17A [Ref. Chandrababu Naidu case]. Justice Trivedi, however, retorted that a divided ruling did not mean that the proceedings could be annulled. Rohatgi said that all he was asking for was the petition to be noticed.
The bench, however, conveyed dissent. The claim that Shivakumar was the source of Rs. 41 lakhs was acknowledged by Justice Trivedi. It was an accusation in the procedures under the Income Tax Act, Rohatgi stated. He said that the identical matter could not be the subject of a CBI FIR. Judge Trivedi disagreed, arguing that the case pertained to a different offense under the Prevention of Corruption Act. The judge further stated that the Income Tax authorities cannot bring charges under the PC Act.
Notably, the court also stated that it disagreed with the High Court’s decision to stay the CBI’s sanction. “How can the High Court revoke the order? “This is unprecedented,” Justice Trivedi said. In this regard, Shivakumar’s attorneys advised that the Karnataka government had revoked the approval granted to the CBI.
In summary, a raid by the Income Tax agency occurred in August 2017 at many Shivakumar locations in New Delhi and other locations. It made an overall collection of Rs. 8,59,69,100, of which it claimed to have recovered Rs. 41 lakhs from Shivakumar’s property.
