The Supreme Court on Wednesday adjourned a plea filed by the Central Bureau of Investigation (CBI) challenging a Karnataka High Court interim order staying CBI proceedings against DK Shivakumar, President of the Karnataka Pradesh Congress Committee, in a disproportionate assets case.
Senior Advocate Dr. Abhishek Manu Singhvi, appearing on Shivakumar’s behalf, informed a bench comprised of Justice BR Gavai and Justice Sanjay Karol that the impugned order is an interim one and that the main matter will be heard before the High Court on 23rd May.
He asked if the current SLP could be adjourned until then. Given the Senior Counsel’s request, the Bench decided to adjourn the case until July 14, 2022.
SV Raju, the Additional Solicitor General (ASG), expressed concern about approaching the Supreme Court after the High Court hearing, if necessary, because “the Supreme Court is closing for summer vacation.”
The bench assured the ASG that two Apex Court benches would be operational during the vacation period. It gave the parties the right to approach the Apex Court’s vacation Bench in the event of an emergency.
The Karnataka High Court passed an interim stay of proceedings in a corruption case against Shivakumar on February 10, 2023.
“Though the CBI has authority to make an enquiry with any of the family members of the public servant as per Section 13(1)(e) of the Prevention of Corruption Act and in view of the very reference order challenged by the petitioner by filing writ petition and until the disposal of the said with petition, it is necessary for this Court to stay the further investigation till next date of hearing”, the order reads.
Following the issuance of the interim order, the main matter was heard on eight occasions, with the High Court extending the interim order on each occasion.
On September 9, 2019, the ED sent a letter to the Chief Secretary of Karnataka stating that there was an income tax raid on Shivakumar and that a case had been filed against him.
The ED informed the Chief Secretary of the State to refer the matter to the CBI after recovering INR 8.50 crores during the raid.
As a result, the State Government delegated the investigation to the CBI. The CBI appears to have filed a case against Shivakumar’s family members as well. As a result, the petitioner filed a writ petition with the High Court, which directed the CBI not to take coercive action against him.
Shivakumar’s Counsel argued before the High Court that despite the fact that the FIR was filed in 2020, no investigation had been conducted. Furthermore, a challenge to the CBI’s assignment of the case is pending before the High Court.
It was also claimed that the CBI had served notice on the family members, particularly Shivakumar’s daughter, summoned them to the office, and harassed Shivakumar indirectly.
In the impugned order, the High Court stated that it was critical to await the decision in which Shivkumar challenged the reference order/entrustment of the case to the CBI.
