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SC junks CBI plea against HC stay on corruption probe against Karnataka Dy CM DK Shivakumar

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Published : Jul 31, 2023, 1:43 PM IST

The apex court left all questions open for adjudication by the high court while declining to entertain the CBI's plea noting that the writ appeal of Karnataka Deputy CM DK Shivakumar was pending before the high court for final adjudication.

The Supreme Court Monday declined to entertain a plea by the CBI challenging the Karnataka High Court temporarily staying its probe against Karnataka Deputy Chief Minister DK Shivakumar in a corruption case regarding alleged disproportionate assets.
Collage: DK Shivakumar, Supreme Court (Right)

New Delhi: The Supreme Court Monday declined to entertain a plea by the CBI challenging the Karnataka High Court temporarily staying its probe against Karnataka Deputy Chief Minister DK Shivakumar in a corruption case regarding alleged disproportionate assets.

A bench comprising justices BR Gavai, CT Ravikumar, and Sanjay Kumar said it is not keen to interfere in the matter against the backdrop of the fact that it is pending before the high court for final adjudication.

Additional solicitor general (ASG) S V Raju said currently, a stay is in operation which has been challenged in a separate petition and requested the court to tag the two pleas together. Senior advocate Abhishek Manu Singhvi, representing Shivakumar, contended that the high court was on the threshold of finally deciding the matter pending before it.

Also read- DK Shivakumar India's richest MLA, Nirmal Kumar Dhara from West Bengal's poorest

Singhvi submitted that the present appeal is against an interim order which is succeeded by other interim orders, which have not been challenged by them and gave details on the status of the matter before the high court.

Singhvi said his client went to the writ appeal court and got an interim stay and the CBI has again challenged this interim order and they are filing a Special Leave Petition (SLP) against every interim order.

The bench said since the present SLP arises out of purely an interlocutory order, it is not inclined to entertain the present petition. The bench said that all questions available to parties are kept open for adjudication by the high court.

Also read- K'taka HC quashes case against CM Siddaramaiah and Deputy CM D K Shivakumar for COVID-19 rule violation

Raju requested the apex court to ask the high court to decide Shivakumar’s appeal expeditiously. The bench said the petitioner would be at liberty to request the high court for expeditious disposal.

The top court was hearing a plea challenging an interim order passed by a single-judge bench of the Karnataka High Court staying proceedings by CBI against Shivakumar.

New Delhi: The Supreme Court Monday declined to entertain a plea by the CBI challenging the Karnataka High Court temporarily staying its probe against Karnataka Deputy Chief Minister DK Shivakumar in a corruption case regarding alleged disproportionate assets.

A bench comprising justices BR Gavai, CT Ravikumar, and Sanjay Kumar said it is not keen to interfere in the matter against the backdrop of the fact that it is pending before the high court for final adjudication.

Additional solicitor general (ASG) S V Raju said currently, a stay is in operation which has been challenged in a separate petition and requested the court to tag the two pleas together. Senior advocate Abhishek Manu Singhvi, representing Shivakumar, contended that the high court was on the threshold of finally deciding the matter pending before it.

Also read- DK Shivakumar India's richest MLA, Nirmal Kumar Dhara from West Bengal's poorest

Singhvi submitted that the present appeal is against an interim order which is succeeded by other interim orders, which have not been challenged by them and gave details on the status of the matter before the high court.

Singhvi said his client went to the writ appeal court and got an interim stay and the CBI has again challenged this interim order and they are filing a Special Leave Petition (SLP) against every interim order.

The bench said since the present SLP arises out of purely an interlocutory order, it is not inclined to entertain the present petition. The bench said that all questions available to parties are kept open for adjudication by the high court.

Also read- K'taka HC quashes case against CM Siddaramaiah and Deputy CM D K Shivakumar for COVID-19 rule violation

Raju requested the apex court to ask the high court to decide Shivakumar’s appeal expeditiously. The bench said the petitioner would be at liberty to request the high court for expeditious disposal.

The top court was hearing a plea challenging an interim order passed by a single-judge bench of the Karnataka High Court staying proceedings by CBI against Shivakumar.

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