Relief to DK Shivakumar: HC stays 2019 consent order for CBI probe on 'disproportionate' assets

The Karnataka High Court on Monday stayed the order of the state government granting consent to the CBI to probe the disproportionate assets case against Deputy Chief Minister D K Shivakumar.

A division bench headed by Chief Justice Prasanna B Varale passed this order after hearing an appeal filed by Shivakumar. The matter has been adjourned to July 17 for further hearing.

On April 20, 2023, a single bench had dismissed Shivakumar’s petition challenging the September 25, 2019 order of consent issued by the then B S Yediyurappa government. In his appeal, Shivakumar contended that a co-ordinate bench’s order dismissing the petition filed by one Shashikumar Shivanna, a HAL employee, cannot have any bearing upon him.

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Shashikumar had also challenged the very consent order dated September 25, 2019 and the coordinate bench had dismissed his petition. While dismissing Shashikumar’s petition, the co-ordinate bench had observed that when a state government accords consent for CBI probe under the Delhi Special Police Establishment Act, 1946, it is only an administrative order where application of mind is not required.

The single judge had held that the judgement by the coordinate bench in Shashikumar’s petition was binding on Shivakumar also. The single judge had also noted that with 90% of the investigation complete, any flaw in the order of consent cannot vitiate the probe.

The CBI had registered a case against Shivakumar and his family members alleging disproportionate assets. 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 Rs 74.93 crore disproportionate assets, which has not been explained with proper documents.