The Supreme Court on Monday declined to stay the criminal proceedings initiated by the Income Tax authorities against Karnataka Pradesh Congress Committee president D.K. Shivakumar for alleged recovery of undisclosed wealth in a search and seizure operation conducted on his premises in 2017.
Appearing before a Bench led by Chief Justice of India Sharad A. Bobde, senior advocate Mukul Rohatgi, for Mr. Shivakumar, objected to the proceedings against his client and sought a stay. The court issued notice to the authorities but refused to issue a stay.
During the hearing, the CJI said Mr. Shivakunar could “raise the question of validity of the sanction (for prosecution) at the trial”.
Mr. Rohatgi argued that “no complaint (of undisclosed wealth) can be filed by the income tax authorities on the basis of a raid in which time has not been given to file the returns for the year”. If there is no explanation in the returns, then complaint can be initiated, he submitted.
In his appeal, Mr. Shivakumar has challenged a November 2019 order of the Karnataka High Court that upheld a lower court’s decision to reject his plea to be discharged in the case.
