Delhi HC To Hear DK Shivakumar’s Plea Against ED Probe In Jan 2025

The Delhi High Court on Tuesday scheduled a hearing on January 23, 2025, for Karnataka Deputy Chief Minister D.K. Shivakumar’s plea challenging a money laundering probe initiated by the Enforcement Directorate (ED).

A bench comprising Justices Prathiba M. Singh and Amit Sharma postponed the matter, citing prior commitments. “Counsel appearing for the parties say the matter will take some time. Owing to the part-heard matters already listed in court, it would not be possible to commence a hearing. List on January 23,” the bench stated.

Shivakumar filed the petition in 2022, seeking to quash the ED investigation, including summons related to an Enforcement Case Information Report (ECIR) registered in 2020. This probe stems from allegations of disproportionate assets.

The senior counsel representing Shivakumar noted that their arguments would take “half a day” due to the complexity of the issues involved.

In his plea, Shivakumar argued that the ED is essentially re-investigating a case it had already probed in 2018, making the current proceedings an abuse of legal process. He emphasized that launching a second investigation for the same offense is a “malafide exercise of power.”

The ED, however, refuted this claim, stating that the two ECIRs pertain to separate cases, even though some facts overlap. According to the agency, the first ECIR involved ₹8.59 crore in proceeds of crime linked to a criminal conspiracy under Section 120B of the Indian Penal Code (IPC). In contrast, the current case revolves around disproportionate assets worth ₹74.93 crore, based on a CBI FIR filed on October 3, 2020, under the Prevention of Corruption Act.

The ED highlighted that a preliminary inquiry by the CBI’s Anti-Corruption Bureau in Bengaluru found that Shivakumar and his family allegedly possessed assets disproportionate to their known income between April 1, 2013, and April 30, 2018.

The agency also argued that raising the issue of double jeopardy at the investigation stage is premature. It added that seeking interim relief akin to anticipatory bail while challenging the constitutional validity of certain provisions of the Prevention of Money Laundering Act (PMLA) is legally impermissible.

On May 2, 2023, the Delhi High Court directed the ED to adhere to its assurance of not taking any coercive action against Shivakumar during the investigation.

The upcoming hearing will determine whether Shivakumar’s plea to quash the ongoing probe will be admitted or dismissed.

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