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Synopsis

The Supreme Court has declined to interfere with the Karnataka High Court's interim order which stayed the order of the state government granting consent to the CBI to probe the disproportionate assets case against Deputy Chief Minister D K Shivakumar.

A bench of Justices Bela M Trivedi and Satish Chandra Sharma said that the CBI had already filed an application for vacation of the stay before the high court which should be decided preferably within two weeks.

"The order being interim in nature, we are not inclined to interfere with the same, more, particularly when the petitioner - 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," the bench said.

"However, it is requested that the High Court may hear and dispose of the application filed by the CBI seeking vacation of stay and the appeal pending before it as expeditiously as possible and preferably within two weeks," the bench said in its order.

The court thus disposed of the special leave petition filed by the CBI against the high court's interim order dated June 12, 2023.

A single judge bench had on April 20, 2023 dismissed Shivakumar’s petition challenging the September 25, 2019 order of consent issued by the then B S Yediyurappa government. 

In his appeal, Shivakumar contended that a co-ordinate bench’s order dismissing the petition filed by one Shashikumar Shivanna, a HAL employee, could not have any bearing upon him.

In Shashikumar's case, the co-ordinate bench had observed that when a state government accords consent for CBI probe under the Delhi Special Police Establishment Act, 1946, it is only an administrative order where application of mind is not required.

The single judge had held that the judgment by the coordinate bench in Shashikumar’s petition was binding on Shivakumar also. The single judge had also noted that with 90% of the investigation complete, any flaw in the order of consent could not vitiate the probe.

The CBI had registered a case against Shivakumar and his family members alleging disproportionate assets. The FIR stated that during the check period between April 1, 2013 and April 30, 2018, Shivakumar and his family members were in possession of Rs 74.93 crore disproportionate assets, which had not been explained with proper documents.

Case Title: Central Bureau of Investigation Vs D K Shivakumar & Ors