Big relief for D.K. Shivakumar as SC upholds interim stay on CBI probe in graft case

HC had granted the interim stay on the probe in February

new-dk-shivakumar-bhanu Karnataka Deputy Chief Minister D.K. Shivakumar | Bhanu Prakash Chandra

In a relief for Deputy Chief Minister D.K. Shivakumar, the Supreme Court on Monday upheld the interim stay on the CBI probe against him by refusing to interfere in the matter.

In the graft corruption case, the Karnataka High Court had granted an interim stay on the CBI probe against DKS.

A bench of Justice B. R. Gavai, Justice C.T. Ravikumar and Justice Sanjay Kumar dismissed the appeal filed by the CBI against the February 10 order of the high court in the case.

It was noted by Additional Solicitor General S.V. Raju that despite there being an order in favour of the agency the division bench of the HC granted a stay on the proceedings.

An appeal was filed by the CBI against the HC order but refused to challenge subsequent interim orders passed by the division bench of the HC, said senior advocate Abhishek Singhvi, appearing for Shivakumar.

The SC bench said that it is not going to interfere and granted the CBI liberty to request the high court for speedy disposal of the case before it. 

“Since the present special leave petition arises out of purely an interlocutory order. we are not inclined to entertain the present petition. All questions to parties are kept open for adjudication by the high court," said the Bench by dismissing the petition, reported LiveLaw.

In February, the HC has directed the probe agency to submit an action-taken report in the case registered under the Prevention of Corruption Act.

The HC also pointed out that the cases registered against Shivakumar were of 2020 and also questioned the CBI on the progress of the investigation over the last two years. A final report on the case was sought by the HC as it stayed the proceedings.

Income Tax raids were conducted at his office and residence in 2017. In connection with the case, Enforcement Directorate too started the investigation.

It was based on the ED probe, CBI got involved and sought sanction from the state government to file an FIR against the Congress' Karnataka unit president. The sanction came on September 25, 2019, and the FIR was filed on October 3, 2020.

(With PTI inputs) 

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