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SC refuses to interfere with HC order on case against DK Shivkumar

On a request by the Additional Solicitor General S V Raju, who appeared for the CBI for an expeditious hearing of the matter by the high court, the bench in its order said, “Petitioner (CBI) would be at liberty to request HC for expeditious disposal which shall be considered by it on its merits”

SC refuses to interfere with HC order on case against DK Shivkumar

File Photo: Supreme Court of India

The Supreme Court on Monday refused to entertain a plea by the Central Bureau of Investigation (CBI) against Karnataka High Court’s interim order stalling probe against the State’s Deputy Chief Minister D K Shivakumar in an alleged corruption case.

Refusing to interfere with the stay order, a bench of Justice B R Gavai, Justice C T Ravikumar and Justice Sanjay Kumar said, “Since present SLP arises out of purely an interlocutory order, we are not inclined to entertain the present petition. All questions available to parties are kept open” to be argued before the high court.

On a request by the Additional Solicitor General S V Raju, who appeared for the CBI for an expeditious hearing of the matter by the high court, the bench in its order said, “Petitioner (CBI) would be at liberty to request HC for expeditious disposal which shall be considered by it on its merits”

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At the outset, ASG Raju told the bench that the CBI succeeded before the single judge, which had initially stayed the probe.  However, they (Shivakumar) approached the division bench which granted stay. We have challenged that (interim stay by the Division bench) in a separate petition and requested for tagging.

ASG Raju said, “I’ll have to point out why the stay order is bad. If it’s decided in my favour, then this (latest stay) goes.

Senior advocate Abhishek Manu Singhvi appearing for Shivakumar told the bench that the matter is listed before the High Court for rejoinder arguments today.  The matter is on the threshold of being decided. Interim order (by the High Court) challenged today (before the top court) is succeeded by five other interim orders. Therefore, this is unnecessary. Against the current interim stay, (by the High Court) again an SLP has been filed (by the CBI).

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