Supreme Court Steps In: D.K. Shivakumar's Disproportionate Assets Case Takes New Turn

The legal battle surrounding Karnataka Deputy Chief Minister D.K. Shivakumar intensified as the Supreme Court announced it would hear a crucial plea against him in the disproportionate assets (DA) case. A bench, led by Justice Surya Kant and also comprising Justice Dipankar Datta, has taken up the petition filed by the Karnataka government, marking a significant turn in a saga that has captivated political observers across the state.

The state government’s plea directly challenges an earlier order from the Karnataka High Court, dated May 2023, which had quashed the FIR registered by the Central Bureau of Investigation (CBI) against Shivakumar.

The CBI had initially lodged the FIR in October 2020, accusing the influential Congress leader of amassing wealth disproportionate to his known sources of income during his tenure as a minister, specifically between April 1, 2013, and April 30, 2018.

This intricate case originally stemmed from a money laundering investigation conducted by the Enforcement Directorate (ED).

A series of searches carried out by the ED in 2017 eventually paved the way for a CBI preliminary enquiry (PE) in 2019. Following the PE, the CBI sought and obtained sanction from the then-ruling BJP government in Karnataka in 2019 to prosecute Shivakumar, setting the stage for the formal FIR and the subsequent legal challenges.

Shivakumar, however, swiftly moved the High Court, arguing that the sanction granted for his prosecution was flawed.

The High Court concurred, ultimately quashing the FIR, citing a lack of proper "application of mind" by the sanctioning authority. This decision provided a temporary reprieve for Shivakumar, seemingly bringing an end to the CBI's investigation into the alleged disproportionate assets.

Undeterred, the Karnataka government, now led by the Congress, decided to pursue the matter further, appealing to the apex court.

Their contention is that the High Court intervened prematurely and that the sanction to prosecute Shivakumar was indeed granted after due consideration. The state government seeks to reinstate the CBI's FIR and allow the investigation into the alleged financial improprieties to proceed.

During the recent hearing, the Supreme Court bench issued a formal notice to D.K.

Shivakumar, requiring his response within three weeks. Crucially, the court explicitly stated that the operation of the High Court's order would not be stayed at this preliminary stage. This means that, for the time being, the quashing of the FIR against Shivakumar remains effective, though the Supreme Court's willingness to hear the challenge indicates a thorough review of the High Court's decision is on the horizon.

As the legal chess match continues, all eyes will be on the Supreme Court as it navigates the complexities of this politically charged case.

The outcome will not only have significant implications for D.K. Shivakumar but also for the broader landscape of accountability and the powers of investigative agencies in India.