The Karnataka High Court on Thursday dismissed State Deputy Chief Minister DK Shivakumar's petition challenging the FIR registered by the CBI in disproportionate assets (DA) case.
"There are false allegations against me in the FIR and the details mentioned in the police report weren't right. Our lawyers will look into it," Shivakumar reated to the setback from the court.
"Since most part of the investigation is completed, the court cannot appreciate documents and material in the investigation at this stage," justice K Natarajan observed.
SC also upsets Shivakumar in DA case
The Supreme Court on Monday refused to vacate the interim stay on the CBI's investigation into the disproportionate assets case against Shivakumar. A bench of Justices Aniruddha Bose and Bela M Trivedi issued notice to Shivakumar on a plea of the CBI challenging the June 12 order of the Karnataka High Court and sought his response by November 7.
Additional Solicitor General S V Raju, appearing for the CBI said 90 per cent of the agency's investigation is over but it is not proceeding further due to the interim stay order of the high court.
He urged the bench to stay the impugned order of the high court to which the bench said it cannot do so without hearing the other party.
"Sorry, we cannot grant ex-parte stay," Justice Bose said.
Raju submitted that the high court issued the interim stay order on a false statement made by Shivakumar in the affidavit.
On June 12, a division bench of the high court stayed the order of the state government granting consent to the CBI to probe the disproportionate assets case against Shivakumar.
Earlier, on April 20, 2023, a single bench dismissed Shivakumar's petition challenging the September 25, 2019, order of consent issued by the then B S Yediyurappa government.
Shivakumar has moved the high court challenging the consent and criminal proceedings initiated against him.
The central probe agency had registered a case against Shivakumar and his family members alleging the amassing of assets disproportionate to their income.
The FIR stated that during the check period between April 1, 2013, and April 30, 2018, Shivakumar and his family members were in possession of assets worth Rs 74 crore disproportionate to their income.
The Income Tax Department conducted a search and seizure operation in the offices and residence of Shivakumar in 2017, following which the Enforcement Directorate (ED) started its own probe against Shivakumar.
Based on the ED investigation, the CBI sought sanction from the state government to file an FIR against him.
(With agencies inputs)
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