DA case: HC rejects Shivakumar’s plea, gives CBI 3 months to complete probe

THE KARNATAKA High Court on Thursday rejected Deputy Chief Ministerandstatecongresschief D K Shivakumar's plea seeking thequashingofadisproportionate assets (DA) case registered againsthimbythecbiin2020for allegedlyamassingillegalwealth tothetuneofrs74crore. THECBI has been asked to complete the probe within three months.

Shivakumar had cited various reasons for quashing the case, including the lack of governmentsanctionundersection 17 A of the Prevention of Corruption Act, introduced in 2018, political malice and the prolonged investigation in the case spanning over three years.

The CBI had filed an FIR in October 2020 against Shivakumar on charges of corruption, basedonthefindingsof the Income Tax Department during searches carried out in August2017ataround70premises linked to the Congress leader. The probe agency has allegedthatshivakumaramassed Rs 74.93 crore of wealth disproportionate to known sources of incomebetweenapril2013and April2018, whenhewastheenergy minister in the Congressled Karnataka government.

The HC bench, headed by Justice K Natarajan, rejected Shivakumar'sargumentofdelay in the investigation on the grounds that he had “himself

Karnataka Deputy CM had sought quashing of case

produced voluminous documents to the Investigating Officer, which is under verification of the officer”.

“Thecbiisherebydirectedto complete the investigation and file the final report within three months from the date of receipt of thecopyof thisorder,” thehc told the CBI.

The court also rejected Shivakumar'sargumentsthatthe Cbihadnotobtainedasanctionfor hisprosecutionasapublicservant, asenvisagedinsection17aofthe Pcactof1988(amendedin2018), onthegroundsthathisallegedacts ofcorruptiondidnotoccurduring thedispensationofanofficialrole and that the 2018 amendment cameafterthealleged crime. The sanction for the prosecution of Shivakumar was granted in September2019duringthetenure ofthebjpgovernment.

Referring to reports on the progressininvestigationsplaced before the court by the CBI, the HC observed that 98 bank accountslinkedtoshivakumarand his family are under scrutiny.

The HC also observed that thecbi'scasewasbuiltontheinvestigations of the I-T department and later the ED and that “the FIR cannot be considered malafide or political malice”.