In a setback to Karnataka Deputy Chief Minister D K 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 (PCAct).
A bench of Justices Bela M Trivedi and Satish Chandra Sharma rejected the Dy Chief Minister’s plea challenging the sanction to the CBI granted by the previous BJP-led State government to investigate the alleged disproportionate assets case against him under the Prevention of Corruption Act (PC Act).
The bench observed that Shivakumar’s plea was without merit.
Appearing for Shivakumar, senior advocate Mukul Rohatgi told the bench that the probe into the matter has begun without obtaining the sanction under Section 17A of the PC Act.
Section 17A of the PC Act provides immunity to public servants from any inquiry under the graft law without prior approval from appropriate authority. The provision was introduced by an amendment with effect from July 26, 2018.
The top court gave a split verdict a few months ago on the issue arising from Section 17A of the graft law.
The top court on Monday said that proceedings cannot be quashed based on a split verdict and the petitioner’s grievances will be resolved when the larger bench decides the question of Section 17A.
“How can your case be quashed on the basis of a split judgment?” the bench observed, while refusing to interfere in the matter.
The court also noted that the present case is under the Prevention of Corruption Act and the Income Tax authorities cannot prosecute under the PC Act.
The CBI is probing a case against Shivakumar for allegedly possessing assets disproportionate to his known sources of income.
In 2017, the Income Tax Department raided Shivakumar, leading to an investigation by the Enforcement Directorate. The CBI later sought permission from the state government to file an FIR against him based on the findings of the ED investigation.
On September 25, 2019, the sanction was granted, and on October 3, 2020, Shivakumar was charged by the CBI under the Prevention of Corruption Act.