The Karnataka High Court on Thursday gave liberty to Water Resources Minister D.K. Shivakumar to seek an extension to appear before the Enforcement Directorate (ED) in connection with a money-laundering case.
Justice Aravind Kumar made observations in this regard in his order after counsel for the ED, after securing instructions from the investigating agency, told the court that the ED would consider extending time for personal appearance if such an application is made by Mr. Shivakumar.
Questions summons
The court was hearing a petition filed by Mr. Shivakumar, who had questioned the summons issued by the ED asking him to personally before the investigation officer on February 8; and the charge sheet filed by the Income-Tax Department against him and four others accusing them of wilfully attempting to evade tax, filing false Income-Tax statements, and indulging in criminal conspiracy under Section 120B of the Indian Penal Code.
The ED’s proceedings was based on the I-T Department’s chargesheet.
Earlier, senior advocate Kapil Sibal, appearing for Mr. Shivakumar, contended that the I-T Department could not have prosecuted Mr. Shivakumar before expiry of time for filling I-T returns, while pointing out that he was prosecuted in June 2018 even though he had time till September-October 2018 to file his returns for the assessment years.
When Mr. Sibal urged the court to stay the summons issued by the ED, the judge said that Mr. Shivakumar can seek additional time from the ED for appearance as the ED had already extended date for personal appearance of other four accused persons, who are now being asked to appear before the ED on February 15.
The judge asked the counsel for ED whether the directorate would extend the date given for Mr. Shivakumar’s appearance.
As ED counsel said that he needs to get instructions from his New Delhi office, the court adjourned hearing till 1.30 p.m.
Later, counsel for ED said the application for extension can be considered on receipt of application.
Following this, the court decided to hear Mr. Shivakumar’s petition on February 22 for considering his plea for staying the proceedings as Mr. Sibal said that he would not appear on February 14 when the court will hear petitions filed by other accused persons.