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SC disposes of CBI plea in an alleged graft/DA case against Karnataka Dy CM

Asks HC to decide the matter expeditiously

SC disposes of CBI plea in an alleged graft/DA case against Karnataka Dy CM

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The Supreme Court on Friday disposed of CBI plea challenging Karnataka High Court’s June 2023 interim order, staying investigation against State Deputy Chief Minister DK Shivakumar in an alleged graft/ disproportionate assets case and asked the High Court to decide on the investigating agency’s application seeking the vacation of the order halting probe.

The CBI had approached the Supreme Court for the vacation of stay of investigation against the deputy Chief minister.

Disposing of the plea by the CBI against the interim order of the High court putting on hold the investigation, Justice Bela M Trivedi heading a bench also comprising Justice Satish Chandra Sharma asked the High Court to decide on the probe agency’s application as expeditiously as possible.

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The CBI had urged the bench to direct the High Court to decide on its application for the vacation of stay on the probe against the deputy Chief minister Shivakumar in two weeks.

Additional Solicitor General SV Raju appearing for the CBI told the bench that the stay on investigation was on the strength of falsehood. He said that what was ordered was “no coercive action” which did not mean a stay of investigation. The CBI has alleged that there was no stay of investigation but before the division bench, it was stated that the deputy Chief minister enjoyed the stay all through.

At the outset of the hearing, senior advocate Vipin Sanghi appearing for Karnataka government sought adjournment for two days so that the state government could file its reply to the plea by the CBI. Sanghi urged the bench that the matter may be listed on Monday – November 20 – after weeklong Diwali vacation of the top court.

On the last date of hearing on November 7, Karnataka government had sought listing of the matter after Diwali break so that it can file its reply to the CBI’s plea.  However, the court insisted that it will hear the matter on Friday – November 10.

The Supreme Court had on October 16, issued notice to Shivakumar on CBI’s plea challenging a Karnataka High Court’s June 2023 interim order staying investigation in an alleged corruption and disproportionate assets case.

Justice Aniruddha Bose heading the bench also comprising Justice Bela M Trivedi had on October 16 said “We are not staying it ex-parte” as ASG Raju had urged the bench to stay the high court order.

ASG Raju had told the bench that 90 percent of the probe in the case is already over, and urged the bench to put on hold the high court order staying the investigation.

The Karnataka High Court had stayed the sanction granted by the state government for investigation in an alleged graft and disproportionate assets case involving Shivakumar.

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