“This is not the way people of the country should be treated”, SC dismisses ED plea seeking cancellation of DK Shivakumar bail

The Supreme Court today dismissed the petition filed by the Enforcement Directorate (ED) challenging the order passed by the Delhi High Court granting bail to Congress leader DK Shivakumar..The order was passed by a Bench of Justices Rohinton Nariman and Ravindra S Bhat..Solicitor General Tushar Mehta, arguing for the ED, tried to persuade the Court against dismissing the petition and urged the Court to give the agency a hearing..However, Justice Nariman went on to observe,.“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..In a separate case against Shivakumar registered by the Income Tax Department, the order of the Karnataka High Court has also been challenged before the Supreme Court. The same Bench issued notice in the plea by Shivakumar seeking quashing of charges against him in the IT case..On October 23, a Single Judge Bench of Justice Suresh Kumar Kait observed DK Shivakumar has already been interrogated extensively by the ED since his arrest and custody and his further interrogation was not required anymore..The Court was of the opinion that the DK Shivakumar satisfied the triple test for the grant of bail. Justice Kait stated that the ED did not argue that Shivakumar was a flight risk and there was no chance of tampering with evidence as all the documents were already in custody of the agency. It added that there were no allegations of influencing the witnesses as well..The Court thus proceeded to grant bail to DK Shivakumar on a personal bail bond of Rs 25 lakh with two sureties of the like amount..Shivakumar was further instructed to cooperate with the investigation, not influence the witnesses, and not leave the country without the Court’s permission..DK Shivakumar had moved the High Court for bail last month after the same was rejected by the Special CBI Court..Shivakumar was arrested by the Enforcement Directorate (ED) on September 3 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..The ED case against DK Shivakumar stems from an income tax raid conducted in 2017. A money laundering case was registered against him pursuant to an ECIR on the basis of a complaint filed by the Income Tax authorities 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..In August, the Karnataka High Court dismissed a batch of petitions filed by 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, 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]