By way of PTI
NEW DELHI: The Delhi Top Court docket on Tuesday stated the Enforcement Directorate (ED) can be “certain” by means of its stand that there can be no coercive motion at this degree towards D Okay Shivakumar because it deferred listening to at the Karnataka Congress leader’s petition towards a cash laundering probe by means of the company.
The Congress chief had moved the prime courtroom closing 12 months searching for the quashing of all of the investigation together with summons issued to him within the Enforcement Case Data Report (ECIR) registered by means of the ED in 2020 following an alleged disproportionate property case.
Suggest for the investigating company sought an adjournment at the flooring of the non-availability of Further Solicitor Basic (ASG) S V Raju and emphasized that the petitioner was once anyway “secure” in view of the stand taken by means of the company within the complaints.
ED’s attorney stated the ASG was once now not in Delhi and prayed for the “shortest lodging imaginable”. No matter was once the “association”, will proceed, he stated.
Whilst asking the company to state a date on which the ASG can be to be had for the listening to, a bench headed by means of Justice Mukta Gupta stated, “Within the intervening time, the respondent can be certain by means of the directions given to discovered ASG with reference to no coercive motion”.
“Adjournment slip is moved because of the truth that discovered ASG isn’t to be had. Renotify the date on which it’s said that the discovered ASG can be to be had,” said the bench additionally comprising Justice Poonam A Bamba.
The case was once indexed for listening to subsequent on Would possibly 18.
In his petition, Shivakumar has assailed the cash laundering probe towards him on a number of grounds together with that the company was once re-investigating the similar offence which it had already investigated in a prior case lodged by means of it in 2018.
In its submissions filed via attorneys Mayank Jain, Parmatma Singh and Madhur Jain, the Congress chief has stated that the existing investigation constituted a 2d set of complaints towards him and was once an abuse of technique of legislation and a malafide workout of energy.
The senior suggest on his behalf has previous argued that the cash laundering probe initiated towards him following a disproportionate property case can’t be sustained and the ED was once taking motion after looking ahead to two years as a result of the approaching state elections in Would possibly.
It was once additionally said that neither there was once any attachment of assets within the case nor there have been any proceeds of crime in the case of the Prevention of Cash Laundering Act.
“All of the side of disproportionate property allegedly bought by means of the petitioner when he was once minister/MLA within the state of Karnataka was once totally investigated by means of the respondent within the first ECIR and thus, the initiation of separate complaints at the identical set of info and elements of the offence is impermissible in legislation and quantities to malafide workout of energy by means of the respondent,” the plea has stated.
“The graduation of unpolluted complaints beneath the PMLA on equivalent info and masking the similar length is “without delay infringing the rights assured beneath the Charter extra specifically Article 20(2) and Article 21”, the plea has added.
The ED has antagonistic the petition at the flooring that the 2 ECIRs lodged by means of the company pertain to other circumstances with sure overlapping of info which can’t be termed as re-investigation.
The company has stated in its counter affidavit that the 2 ECIRs towards the petitioner are according to other set of info or even the scheduled offence in each the circumstances are other and the quantum of proceeds of crime concerned may be other.
“The allegation made within the grievance of the Source of revenue Tax division and FIR of CBI depict other modes of technology of the crime proceeds and that position of various accused individuals might come into gentle, thus the petitioner can’t declare that he has already been investigated of the similar offence,” the affidavit has stated.
The ED, in its answer, has additional stated that as in line with the primary ECIR, the scheduled offence is phase 120B IPC and the quantum of proceeds of crime recorded in it’s Rs 8.59 crore.
While, the existing ECIR associated with disproportionate property to the song of Rs 74.93 crore and emanates from a special FIR of CBI lodged in Bengaluru on October 3, 2020 beneath the Prevention of Corruption Act, it has said.
The company has stated that at the foundation of initial inquiry finished by means of the CBI, ACB, Bengaluru, it was once discovered that Shivakumar and his circle of relatives are in alleged ownership of disproportionate property of the recognized supply of source of revenue throughout the take a look at length April 1, 2013 to April 30, 2018.
The ED has added it’s smartly settled that on the degree of investigation, it’s untimely to take the plea of double jeopardy and that it’s wholly impermissible in a petition difficult the constitutional validity of sure provisions of the particular act to go the meantime orders within the nature of ultimate anticipatory bail.
NEW DELHI: The Delhi Top Court docket on Tuesday stated the Enforcement Directorate (ED) can be “certain” by means of its stand that there can be no coercive motion at this degree towards D Okay Shivakumar because it deferred listening to at the Karnataka Congress leader’s petition towards a cash laundering probe by means of the company.
The Congress chief had moved the prime courtroom closing 12 months searching for the quashing of all of the investigation together with summons issued to him within the Enforcement Case Data Report (ECIR) registered by means of the ED in 2020 following an alleged disproportionate property case.
Suggest for the investigating company sought an adjournment at the flooring of the non-availability of Further Solicitor Basic (ASG) S V Raju and emphasized that the petitioner was once anyway “secure” in view of the stand taken by means of the company within the complaints.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );
ED’s attorney stated the ASG was once now not in Delhi and prayed for the “shortest lodging imaginable”. No matter was once the “association”, will proceed, he stated.
Whilst asking the company to state a date on which the ASG can be to be had for the listening to, a bench headed by means of Justice Mukta Gupta stated, “Within the intervening time, the respondent can be certain by means of the directions given to discovered ASG with reference to no coercive motion”.
“Adjournment slip is moved because of the truth that discovered ASG isn’t to be had. Renotify the date on which it’s said that the discovered ASG can be to be had,” said the bench additionally comprising Justice Poonam A Bamba.
The case was once indexed for listening to subsequent on Would possibly 18.
In his petition, Shivakumar has assailed the cash laundering probe towards him on a number of grounds together with that the company was once re-investigating the similar offence which it had already investigated in a prior case lodged by means of it in 2018.
In its submissions filed via attorneys Mayank Jain, Parmatma Singh and Madhur Jain, the Congress chief has stated that the existing investigation constituted a 2d set of complaints towards him and was once an abuse of technique of legislation and a malafide workout of energy.
The senior suggest on his behalf has previous argued that the cash laundering probe initiated towards him following a disproportionate property case can’t be sustained and the ED was once taking motion after looking ahead to two years as a result of the approaching state elections in Would possibly.
It was once additionally said that neither there was once any attachment of assets within the case nor there have been any proceeds of crime in the case of the Prevention of Cash Laundering Act.
“All of the side of disproportionate property allegedly bought by means of the petitioner when he was once minister/MLA within the state of Karnataka was once totally investigated by means of the respondent within the first ECIR and thus, the initiation of separate complaints at the identical set of info and elements of the offence is impermissible in legislation and quantities to malafide workout of energy by means of the respondent,” the plea has stated.
“The graduation of unpolluted complaints beneath the PMLA on equivalent info and masking the similar length is “without delay infringing the rights assured beneath the Charter extra specifically Article 20(2) and Article 21”, the plea has added.
The ED has antagonistic the petition at the flooring that the 2 ECIRs lodged by means of the company pertain to other circumstances with sure overlapping of info which can’t be termed as re-investigation.
The company has stated in its counter affidavit that the 2 ECIRs towards the petitioner are according to other set of info or even the scheduled offence in each the circumstances are other and the quantum of proceeds of crime concerned may be other.
“The allegation made within the grievance of the Source of revenue Tax division and FIR of CBI depict other modes of technology of the crime proceeds and that position of various accused individuals might come into gentle, thus the petitioner can’t declare that he has already been investigated of the similar offence,” the affidavit has stated.
The ED, in its answer, has additional stated that as in line with the primary ECIR, the scheduled offence is phase 120B IPC and the quantum of proceeds of crime recorded in it’s Rs 8.59 crore.
While, the existing ECIR associated with disproportionate property to the song of Rs 74.93 crore and emanates from a special FIR of CBI lodged in Bengaluru on October 3, 2020 beneath the Prevention of Corruption Act, it has said.
The company has stated that at the foundation of initial inquiry finished by means of the CBI, ACB, Bengaluru, it was once discovered that Shivakumar and his circle of relatives are in alleged ownership of disproportionate property of the recognized supply of source of revenue throughout the take a look at length April 1, 2013 to April 30, 2018.
The ED has added it’s smartly settled that on the degree of investigation, it’s untimely to take the plea of double jeopardy and that it’s wholly impermissible in a petition difficult the constitutional validity of sure provisions of the particular act to go the meantime orders within the nature of ultimate anticipatory bail.
