Bengaluru: The Karnataka High Court has dismissed the petition of former minister and senior Congress leader D.K. Shivakumar, who had questioned the summons issued against him by the Enforcement Directorate in an illegal money transfer case registered under Prevention of Money Laundering Act.
Justice Arvind Kumar has passed the order. The former minister is likely to question it before the Supreme Court.
The Enforcement Directorate had served summons against Shivakumar and four others while asking them to make themselves present before the authorities concerned at the Directorate’s office for hearing.
Following Income Tax raids conducted at the former minister’s residences in Bengaluru and Delhi, wherein an unaccounted money of around Rs 8.59 crore were seized, the Principal Director of IT had granted sanction for prosecution of offences punishable under sections of IT and IPC Act.
The court while dismissing the plea of Shivakumar to quash the proceedings in the case has noted that, it is of the view that issue of summons by ED and its power to issue the summons to the petitioner (Shivakumar) cannot be thrown out or nipped in the bud on the grant of same not being maintainable.
It further observed that since it involves illegal money, it is punishable under the law if invested in the economy. It adds that it is the authorities who will decide on whether an offence is made out or not under the PML Act.
Along with Shivakumar, four other accused in the case are businessman Sunil Sharma, Sachin Narayan, Anjaneya Hanumanthiah and Rajendra.
Senior advocate Kapil Sibal had argued for Shivakumar, stressing on the flaws in the proceedings initiated by the investigating agencies.
