Copy-paste job in ED’s plea against DK Shivakumar a “tragic comedy”, Justice Rohinton Nariman

The Supreme Court on Friday dismissed a plea filed by the Enforcement Directorate against Karnataka Congress leader DK Shivakumar seeking cancellation of his bail. The hearing, however, was not short of drama as the Court was told that the ED had merely “copy-pasted” paragraphs from the petition it had filed earlier against Former Union Minister P Chidamabaram..Senior Counsel Mukul Rohatgi and Abhishek Manu Singhvi both of whom were representing Shivakumar in two separate cases pointed out the mistake in the petition filed by the ED. Singhvi told the Bench that the petition, on Page H, refers to DK Shivakumar as a former Finance Minister. Singhvi read out the relevant portion of the petition which reads as,.“… The nature of the offence and brazenness and impunity with which the high office of the Finance Minister of the Country was abused by the accused for personal gains again disentitles him from seeking bail.”.This is an argument that has been used by the ED against P Chidambaram in the case registered against him in the INX Media Scam, said Singhvi. Singhvi, in jest, said that his client wishes he was a Finance Minister but he was only an MLA..Justice Rohinton Nariman who was on the Bench with Justice Ravindra Bhat called this a “tragic comedy”..Further, it was also pointed out to the Court by the Counsel representing Shivakumar that the petition filed by the ED had “resurrected” Section 45 of the Prevention of Money Laundering Act which laid down very stringent twin-test for grant of bail. The Court, however, reminded Solicitor General Tushar Mehta, appearing for the agency, that this Section had been struck down by the Court as being unconstitutional. This mistake in the petition invited Justice Nariman’s wrath, who said that the “judgments of the Court are not to be played with” and that the agency cannot treat citizens like this..“This is not the way people of the country should be treated, Mr. Mehta. You should read the dissent in the Sabarimala review… It is for people like you to educate and instruct the officials that our judgments are not to be played with.”.Mehta responded that he had read the judgment. He said,.“I request your lordship to remove the idea that we don’t respect the orders of the court.”.Justice Nariman responded that this impression is stuck in its mind and is irremovable..The Court dismissed ED’s plea seeking cancellation of bail granted to DK Shivakumar by the Delhi High Court. However, in a separate case emerging from the decision of the Karnataka High Court. the Supreme Court issued notice to the Department of Income Tax on Shivakumar’s plea seeking quashing of charges against him..[Read the excerpts of the petition]