THE JHARKHAND STORY DESK
New Delhi, July 15: The Supreme Court on Monday turned down Karnataka Deputy Chief Minister DK Shivakumar’s plea to dismiss the CBI’s disproportionate assets case against him, filed under the Prevention of Corruption Act of 1988.
What did the bench observe?
A bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma stated that Shivakumar’s plea was meritless.
Senior Advocate Mukul Rohatgi, representing Shivakumar, argued that the investigation commenced without obtaining the required sanction under Section 17A of the Prevention of Corruption Act.
A few months ago, the Supreme Court issued a split verdict on the issue related to Section 17A of the anti-corruption law.
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On Monday, the Supreme Court clarified that a split verdict does not justify dismissing the proceedings.
The court stated that the petitioner’s concerns will be addressed when the larger bench rules on the issue of Section 17A.
The court further pointed out that this case is under the Prevention of Corruption Act and that the Income Tax authorities cannot initiate prosecution under the PC Act.
What is the case?
The apex court was hearing a petition filed by Shivakumar in which he challenged the October 19, 2023, order of the Karnataka High Court in which his petition was rejected.
The CBI has alleged that Shivakumar acquired assets more than his known sources of income between 2013 and 2018. He was a minister in the then Congress government during that time.
The CBI had registered an FIR on September 3, 2020. Shivakumar had challenged the FIR in the Karnataka High Court in 2021.