SC Sends Shivakumar DA Case to Surya Kant Bench
In August 2023, the Karnataka High Court dismissed as “non-maintainable” petitions filed by the CBI and Yatnal challenging the State government’s withdrawal of consent.
New Delhi: The Supreme Court on Monday said that a bench led by Justice Surya Kant will hear pleas challenging the Karnataka government’s decision to withdraw consent for a CBI investigation into a disproportionate assets (DA) case against Deputy Chief Minister D.K. Shivakumar.
A bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran noted that the matter had earlier been heard by Justice Surya Kant.
Senior advocate Abhishek Singhvi, appearing for Shivakumar, recalled that the CJI had earlier observed that political battles should not be fought in the courts. The CJI said it would be in the best interest of justice for the case to be heard by Justice Surya Kant’s bench and directed that the matter be listed accordingly.
The issue dates back to October last year, when the CBI approached the Supreme Court challenging the State government’s withdrawal of consent to probe the DA case against Shivakumar. BJP leader Basanagouda R. Patil Yatnal also moved the court on the same issue. Notices were issued to both Shivakumar and the Karnataka government.
On September 17, 2023, a bench of Justices Surya Kant and Ujjal Bhuyan had earlier issued notices on Yatnal’s plea. Subsequently, on November 23, 2023, the Congress government led by Chief Minister Siddaramaiah withdrew the sanction granted by the previous BJP government in 2019, calling it unlawful. The case was later referred to the Lokayukta for investigation.
In August 2023, the Karnataka High Court dismissed as “non-maintainable” petitions filed by the CBI and Yatnal challenging the State government’s withdrawal of consent.
The CBI had alleged that Shivakumar amassed assets worth Rs 74.93 crore disproportionate to his known sources of income between 2013 and 2018, when he was a minister in the Congress government. A DA case was registered against him on October 3, 2020, following a reference by the Enforcement Directorate.
Shivakumar had earlier been arrested by the ED in September 2019 on money laundering charges linked to income-tax investigations. He was granted bail a month later, and the Supreme Court subsequently quashed the money laundering case, ruling that it must be linked to a scheduled offence.