SC dismisses DK Shivakumar’s petition challenging CBI FIR

New Delhi: In a significant setback to Karnataka Deputy Chief Minister D K Shivakumar, the Supreme Court on Monday dismissed his petition challenging the Central Bureau of Investigation’s (CBI) First Information Report (FIR) against him in a disproportionate assets case. The FIR accuses Shivakumar of amassing wealth beyond his known sources of income during his tenure as a minister in the previous Congress government between 2013 and 2018.

A bench comprising Justices Bela M Trivedi and Satish Chandra Sharma announced their decision, stating: “Sorry. Dismissed,” and chose not to interfere with the Karnataka High Court’s earlier ruling.

During the hearing, senior advocate Mukul Rohatgi, representing Shivakumar, argued that the investigation commenced without the mandatory sanction under Section 17A of the Prevention of Corruption Act. Rohatgi also contended that a separate CBI FIR was unwarranted since the Income Tax (I-T) department was already probing the matter.

However, the bench remained unconvinced and declined to entertain the matter further.

Later in the evening, Shivakumar said he has done no wrong and will abide by the SC order.

“We had sought for FIR to be quashed, the High Court said it cannot be done, I had filed an appeal, now I have got a message that they (Supreme Court) too have said it cannot be done. Will abide by whatever the court says,” Shivakumar told reporters here.

The Supreme Court’s decision upholds the Karnataka High Court’s October 19, 2023, order, which rejected Shivakumar’s plea and directed the CBI to conclude its investigation and file a report within three months.

The CBI’s FIR, lodged on September 3, 2020, accuses Shivakumar of accumulating disproportionate assets. The investigation stems from a 2017 I-T department search and seizure operation at Shivakumar’s offices and residence, which led to a subsequent Enforcement Directorate (ED) probe.

Following the ED’s findings, the CBI sought and received sanction from the state government on September 25, 2019, to file the FIR, which was formally lodged a year later.