Breaking: CBI Court sends DK Shivakumar to ED Custody till Sep 13

The Special CBI Court at Rouse Avenue Court Complex today sent DK Shivakumar to Enforcement Directorate (ED) custody till September 13 in connection with a money laundering case under the Prevention of Money Laundering Act (PMLA)..“The allegations made against the accused are serious in nature. The investigation in my considered view would justify the custodial interrogation of the accused keeping the view the nature of the offence… He has to be confronted with voluminous incriminating material and other crucial aspects of the case with regard to the source of the money and his further interest in the other properties. Therefore, I considered it to be a fit case for grant of custody of the accused to Enforcement Directorate.”, the order reads..Shivakumar was arrested by the ED last evening after undergoing four days of interrogation in relation to the case. The ED had cited Shivakumar’s non-cooperation during the questioning as the reason for his arrest..Today, when Shivakumar was produced before Special Judge Ajay Kumar Kuhar, the ED filed a remand application seeking 14 days’ custody of Shivakumar in connection with the ED investigation..Countering the ED’s remand application, Shivakumar filed an application for bail before the Special Court..Senior Advocates Abhishek Manu Singhvi and Dayan Krishnan appeared for DK Shivakumar. Additional Solicitor General KM Nataraj appeared for the ED..At today’s hearing, Nataraj submitted that the money laundering case was registered pursuant to an ECIR registered on the basis of information from a complaint filed by Income Tax Authority for offences punishable under Section 276C(1), 277 and 278 of the Income TAx Act, 1961 read with Section 193, 199 and 120B of the Indian Penal Code, 1860..ED contended that DK Shivakumar generated a huge amount of cash illegally during his tenure as a public servant. However, during the interrogation, he remained evasive and did not explain the illegal generation of money, ED argued. It was stated that Shivakumar made a conscious effort to misguide the investigation and that he has not explained the seizure of cash by Income Tax Department authorities..“Pursuant to summons issued to him, he appeared…but he remained evasive and did not reveal the truth.”.Nataraj thus argued that the investigation into the offence of money laundering was at a crucial stage and that DK Shivakumar’s custodial interrogation was necessary to confront him with voluminous documents, unearth the details properties, companies and bank accounts and source of credit of those accounts, ascertain the tole of other persons, modus operandi etc..Arguing for Shivakumar, Singhvi stated that his client has already been interrogated by the ED for 33-34. hours..“I came, I didn’t not abscond. I am not a flight risk…Unless you show that something startling and new has happened, there cannot be a remand”, Singhvi submitted..Singhvi also pointed out that the Karnataka High Court had stayed the entire proceedings arising out of the Income Tax complaint on August 20. He also argued that there was no scheduled offence in the present case..He further argued that the offence allegedly committed by DK Shivakumar under the Income Tax Act is compoundable. In this light, he argued that remand should not be granted in a mechanical manner..It was also pointed out that Shivakumar was suffering from ill-health..Nataraj then submitted that the offence under the PMLA was an independent one, and that the stay of the High Court did not affect PMLA proceedings as they only pertained to offences under the Income Tax Act. He then sought one week’s time to submit objections to Shivakumar’s bail plea..After hearing the parties, Special CBI Judge Ajay Kumar Kuhar concluded that it was a fit case for grant remand..The Court also directed the Enforcement Directorate to file its response to the bail plea which would be taken up on September 13..Last week, the Karnataka High Court had dismissed a batch of petitions filed by former state Minister DK Shivakumar and others seeking quashing of summons issued by the ED in relation to a money laundering case..The Income Tax department had conducted a search at various places in Delhi in 2017, resulting in the seizure of over Rs. 7 crore in cash. A complaint under Section 200 of the Code of Criminal Procedure came to be filed against DK Shivakumar and others. The jurisdictional court subsequently took cognisance of the alleged offences and the investigation in the case is ongoing..In relation to the same search, the ED filed ECIRs against the petitioners, and issued summons to them under Section 50(2) of the PMLA for offences of money laundering..Read the Order:.Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.