NEW DELHI: Karnataka Congress leader DK Shivakumar submitted before the Delhi High Court that the Central agency is re-investigating the same set of facts which they have already been probed in a money-laundering case against him and the continuing probe in the second Enforcement Directorate (ED) case is ‘abuse of process of law,’
Before the bench of Justices Mukta Gupta and Poonam A Bamba, it was submitted by Shivkumar’s counsel Kapil Sibal that the probe initiated and continuing in the second Enforcement Case Information Report (ECIR) is whole without jurisdiction and is in grave violation of the fundamental rights of his client.
“The impugned investigation commenced and continued by the Respondent-Enforcement Directorate is a complete abuse of process of law and malafide exercise of power. The power of the court including this court cannot be curtailed to examine the investigation conducted by the ED,” it said.
The statement also claimed that the probe under the Prevention of Money Laundering Act, 2002 against the Congress leader is identical in both the 2018 and 2020 cases. Through his submission, he prayed that the entire investigation along with the continuing probe, including the issuance of summons in the 2020 case, be quashed.
On the other hand, ED’s counsel argued that the two scheduled offences being distinct in nature and quantum of proceeds of crime as well as the period during which the scheduled offences have been committed also different. Shivakumar was arrested on September 3, 2019, under the Prevention of Money Laundering Act (PMLA). The Delhi HC granted him bail on October 23, 2019. He is presently on bail in a money laundering case.
Shivkumar requests the investigation be quashed
DK Shivkumar’s statement to the court said that the probe under the Prevention of Money Laundering against the Congress leader is identical in both the 2018 and 2020 cases. Therefore, he requested that the investigation be quashed.