The Karnataka high court on Thursday dismissed a petition by Karnataka deputy chief minister D K Shivakumar challenging the Central Bureau of Investigation (CBI)’s first information report (FIR) against him in an alleged disproportionate assets case.
A single bench of justice K Natarajan lifted an interim stay on the CBI probe by another bench of the high court, and directed the federal agency to conclude the investigation and submit a report within three months.
Reacting to the order, Shivakumar said he has faith in the court and would fight the case and respond to allegations, within the framework of the law.
During the hearing of the petition, the bench noted that Shivakumar had filed the petition after a long delay and that CBI had already completed most of its probe in the case.
“During the investigation, the court cannot appreciate the evidences and documents or material without conclusion of investigation or prior to submitting of the final report which amounts to conducting a mini trial for quashing the FIR,” the court was quoted as saying by news portal Bar and Bench.
Speaking to reporters in Bengaluru, Shivakumar alleged a conspiracy by the opposition Bharatiya Janata Party (BJP) in the state. “I had filed an appeal before the court stating that the FIR is not right. During the Yediyurappa (BJP) government, because of political motives, they had given sanction to CBI. They (CBI) have said (told court) that they have completed 90% of the investigation, but till now I have not been called even once to inquire about my assets,” he said.
{{/usCountry}}Speaking to reporters in Bengaluru, Shivakumar alleged a conspiracy by the opposition Bharatiya Janata Party (BJP) in the state. “I had filed an appeal before the court stating that the FIR is not right. During the Yediyurappa (BJP) government, because of political motives, they had given sanction to CBI. They (CBI) have said (told court) that they have completed 90% of the investigation, but till now I have not been called even once to inquire about my assets,” he said.
{{/usCountry}}“Inquiry has to be done about assets belonging to me and my wife, but they have not inquired with us about it till now. I’m unable to understand how they have completed 90% (of probe). I have faith in court, I will fight, I will answer. Whatever might be their (opposition) efforts, I have faith. I’m within the framework of law and will respond from within that framework. Whatever may be BJP’s conspiracy, there is a court and I will respond with my list (of facts/documents),” he added.
Reacting to the order, the Bharatiya Janata Party demanded Shivakumar’s resignation, saying that it was necessary for a free and fair probe.
“The high court cancelled the stay on the case he had filed in the high court seeking to quash the FIR. D K Shivakumar should resign his position for a free and fair probe,” former minister C N Ashwath Narayan told reporters in Bengaluru.
CBI has accused Shivakumar of accumulating disproportionate assets worth over ₹74 crore between 2013 and 2018. According to the federal agency, the wealth of Shivakumar and his family saw an almost 45% increase during his term as MLA between the given period. The amount found to be disproportionate to his known sources of income was valued to be ₹74.93 lakh.
The case emanates from an income tax search at Shivakumar’s residence in 2017 that led to the recovery of a little over ₹41 lakh. A case was registered against the Congress leader and others under provisions of the Income Tax act and section 120B (criminal conspiracy) of Indian Penal Code.