BENGALURU:  The Karnataka High Court on Thursday gave liberty to Water Resources Minister D K Shivakumar to file an application before the Enforcement Directorate (ED), seeking extension of time to appear in person before it. If such an application is filed, the ED shall consider it, said Justice Aravind Kumar, while adjourning the hearing of a petition filed by Shivakumar, challenging the summons issued by ED, New Delhi, asking him to appear in person on February 8. 

In the summons, Saurabh Mehta, Assistant Director, ED, stated that he is carrying out an investigation under the provisions of the Prevention of Money Laundering Act, 2002, and considers the attendance of DK Shivakumar necessary before the ED on February 8, 2019, at 10.30am. Earlier, senior counsel Kapil Sibal, representing Shivakumar, argued that there are basic flaws in the proceedings initiated by the investigating agencies.

Sibal said that proceedings were initiated even before filing of income-tax returns for the assessment year, and that offences cited by ED to issue summons are not scheduled offences under the Prevention of Money Laundering Act. 

The court sought the response of the ED. In reply, the ED counsel submitted that petitioner (DK Shivakumar) can submit the application before ED, seeking extension of time, and the same will be considered. The court recorded the ED’s submission and gave liberty to Shivakumar. Shivakumar is facing charges of wilfully evading tax, filing false income-tax returns and criminal conspiracy.

The minister had challenged the charges on the ground that the entire proceedings of the ED are without jurisdiction and hence, liable to be quashed.