NEW DELHI: A Delhi court on Tuesday summoned Congress leader DK Shivakumar and others in a money laundering case lodged against him in 2018 after taking cognisance of the charge sheet.
Special Judge Vikas Dhull directed Shivakumar to appear on July 1.
The court gave the order after taking cognisance of a charge sheet filed by ED through its Special Public Prosecutor Nitesh Rana against Shivakumar and others in the case.
Shivakumar, who is the president of the Congress' Karnataka unit, was arrested by the ED in the case on September 3, 2019 and was granted bail by the Delhi High Court on October 23, 2019.
The case is based on a charge sheet filed by the Income Tax Department against them last year before a special court in Bengaluru on charges of alleged tax evasion and 'hawala' transactions worth crores of rupees.
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The sources added, “If the prosecution is able to satisfy the court and is able to prove that his assets are proceeds of crime and the court holds him guilty, then it can order that the attached assets be given to the government.” Section 4 of the PML Act — on offence of money laundering — states that “whoever commits the offence of money laundering shall be punishable with rigorous imprisonment for a term, which shall not be less than three years but which may extend to seven years and shall also be liable to fine, which may extend to five lakh rupees,” the anti-money laundering law states.
As per Section 8(3) of the Representation of the People Act, 1951, if a person is convicted of any offence and sentenced to an imprisonment of two years or more, this will be disqualification to contest elections. Whether an adverse court order would stall his political career is, however, not clear.
“In case of an adverse sentence from the trial court the accused has every right to go in appeal against any adverse order by the trial court before the appellate court and try and get a stay on his conviction and the operation of the order of conviction,” said informed sources. Shivakumar was on September 3, 2019 arrested by the ED, New Delhi, under the PMLA in connection with alleged tax evasion and hawala transactions. He was enlarged on bail on October 24 of the same year.
IMPRISONMENT OPTION OPEN, SAYS EXPERT
“Provisions under the Prevention of Money Laundering Act are also penal provisions. Under this, the court can impose punishment of imprisonment. Wherever the person is convicted under the provisions of this Act will be barred from contesting elections under the Representation of the People Act,” said Advocate PN Hegde.