The Supreme Court on Monday rejected Karnataka Deputy Chief Minister DK Shivakumar's plea seeking to quash CBI's disproportionate assets case against him under the provisions of Prevention of Corruption Act 1988. A bench of justices, Bela M Trivedi and Satish Chandra Sharma, observed that the Shivakumar plea was without merit.
Senior Advocate Mukul Rohatgi, appearing for Shivakumar, submitted 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 out of Section 17A of the graft law.
The top court on Monday said that proceedings cannot be quashed based on a split verdict. The court remarked that 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 court said, refusing to interfere with the case.
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. 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 DK 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 probe. 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. (ANI)
