Huge setback for Karnataka Dy CM Shivakumar as SC refuses to quash case
The CBI is investigating Shivakumar for allegedly possessing assets disproportionate to his known sources of income.
In a recent setback to Karnataka Dy CM Shivakumar, the Supreme Court on Monday refused to quash a disproportionate assets case registered against him by the Central Bureau of Investigation (CBI) under the Prevention of Corruption Act (PC Act).
The bench was composed of Justices Bela M Trivedi and Satish Chandra Sharma. The decision came to dismiss Shivakumar’s plea which challenged the sanction granted by the previous BJP-led State government to the CBI. This sanction allowed the investigation into alleged disproportionate assets held by Shivakumar under the PC Act.
The court noticed that Shivakumar’s plea lacked merit. Senior advocate Mukul Rohatgi, representing Shivakumar, argued that the investigation began without obtaining the necessary sanction under Section 17A of the PC Act. Section 17A provides immunity to public servants from any inquiry under the graft law without prior approval from the appropriate authority. It is a provision introduced through an amendment effective from July 26, 2018.
Despite this argument, the Supreme Court ruled that proceedings cannot be quashed based on the split verdict regarding Section 17A. The court stated that Shivakumar’s grievances would be addressed when a larger bench will resolve the question of Section 17A. “How can your case be quashed on the basis of a split judgement?” the bench observed, refusing to interfere in the matter.
Additionally, the court noted that the case falls under the Prevention of Corruption Act, highlighting that Income Tax authorities do not have the power of conducting any legal proceedings against someone in respect of a criminal charge under this Act.
The CBI is investigating Shivakumar for allegedly possessing assets disproportionate to his known sources of income. The investigation began in 2017 when the Income Tax Department raided Shivakumar, which led to an investigation by the Enforcement Directorate (ED). Based on the ED’s findings, the CBI asked permission from the state government to file a First Information Report (FIR) against Shivakumar.
On September 25, 2019, the state government granted the sanction, and by October 3, 2020, the CBI had charged Shivakumar under the PC Act.
This ruling, the refusal to quash the case allows the CBI to continue its investigation into the allegations of disproportionate assets. This case is part of an observation of Shivakumar’s financial dealings and assets, which have been under investigation since the 2017 raids.
The Supreme Court’s decision brings attention to Section 17A of the PC Act, a provision offering protection to public servants from inquiries without prior sanction.
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