SC declines to interfere with interim stay on consent to CBI to probe DA case against DKS

D K Shivakumar filed a petition challenging the September 25, 2019 order of consent issued by the then B S Yediyurappa government.

New Delhi: The Supreme Court has declined to interfere with the Karnataka High Court's interim stay on the state government's consent to the CBI to probe the disproportionate assets case against senior Congress leader and Deputy Chief Minister D K Shivakumar.

A bench of Justices Bela M Trivedi and Satish Chandra Sharma said the CBI's application for vacation of the stay has already been filed before the High Court, which should be decided preferably within two weeks.

In its written order, the bench said, "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."

"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 added.

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

Shivakumar filed a petition challenging the September 25, 2019 order of consent issued by the then B S Yediyurappa government.

A single-judge bench had on April 20, 2023 dismissed his plea.

Shivakumar filed an appeal, contending that a co-ordinate bench’s order dismissing the petition filed by one Shashikumar Shivanna, a HAL employee, cannot have any bearing upon him.

In Shashikumar's case, the co-ordinate bench had declared that when a state government accords consent for a 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 judgement by the coordinate bench in Shashikumar’s petition was binding on his case also. The single judge had also noted that with 90 per cent of the investigation complete, any flaw in the order of consent cannot vitiate the probe.

In its June 12, 2023 order, the division bench noted the submission by Shivakumar's counsel that if the appellant is not protected by an interim order, grave and irreparable injury will be caused to him and on the other hand, no prejudice would be caused to the respondents.

"In our opinion, the appellant has made out a case for grant of ad interim stay. Accordingly, there shall be ad interim stay of the Government Order bearing No.E-HD/40/COD/2019, Bengaluru dated 25.09.2019 issued by respondent No.2 till the next date of hearing," the division bench had said.

The central agency claimed has Shivakumar amassed Rs 74.93 crore of wealth, disproportionate to known sources of income, from April 1, 2013 to April 30, 2018, when he was the energy minister in the Congress-led Karnataka government.

The CBI filed the FIR against him in October 2020 on charges of corruption, based on the findings of the income-tax department’s searches carried out in August 2017 at around 70 premises linked to him.