Bengaluru: In a major relief for former minister D.K. Shivakumar, who nurses ambitions of heading the state unit of Congress, the Supreme Court on Friday dismissed the Enforcement Directorate's petition, challenging the Delhi High Court order granting bail to the Congress leader in a money laundering case.
The apex court's verdict came at a time when Mr Shivakumar plans to stage a come-back by helping his party win maximum number of seats in Assembly bypolls scheduled for December 5 and thus cement his chances of taking over as KPCC president.
The bench, comprising Justices R F Nariman and Justice S Ravindra Bhat, also expressed disapproval when Solicitor General Tushar Mehta, appearing for the ED, said the appeal should be hear as it raised a legal question as to whether Section 120 (B) (Criminal conspiracy) of the Indian Penal Code (IPC) could be a "stand alone" offence. The judges remarked "Do not invite us to say something. It is not the way you deal with citizens' rights," when Mr Mehta persisted, saying "I fail to understand that issuance of notice is being opposed on question of law."
Senior advocates, Mukul Rohatgi and A M Singhi, appearing for Mr Shivakumar, said the high court granted bail on October 23 grounds that the former minister was neither a flight risk nor in a position to tamper with evidence or influence witnesses with the Enforcement Directorate trying to link this case with that of former Union minister P Chidambaram. Mr Rohatgi informed the court that section 45 (1) of the Prevention of Money Laundering Act (PMLA), which was struck down by the apex court in 2017, imposed stringent conditions for securing bail of a person accused of money laundering offence.
Mr Shivakumar was arrested by officers of the Enforcement Directorate on September 3 in the money laundering case based on a charge sheet filed by the Income Tax department against the Congress leader and Hanumanthaiah, an employee at Karnataka Bhavan, New Delhi, for alleged offences under the Prevention of Money Laundering Act (PMLA). Meanwhile, the Supreme Court issued notice following a petition filed by Mr Shivakumar, challenging the decision of the high court to allow investigation by the ED in a case registered by the Income Tax Department under Section 120 (B). The Delhi High Court posted for further hearing a petition filed by Mr Shivakumar's wife and mother, seeking exemption from ED inquiry in Delhi, to November 20. After preliminary hearing, the court posted further hearing to November 20.
