Daijiworld Media Network - Bengaluru

Bengaluru, Feb 7: Water Resources Minister D K Shivakumar has been granted liberty by the Karnataka High Court to file an application seeking extension in time to appear in person before the Enforcement Directorate (ED).

Shivakumar moved to the Karnataka High Court challenging the summons issued by the Enforcement Directorate (ED) asking him to appear in person and also challenged the prosecution launched against him by the income department for ‘willfully attempting to evade tax’, ‘filing a false I-T statement’ and ‘criminal conspiracy’.

Justice Aravind Kumar, who was hearing the petition, adjourned the hearing to February 22 while granting Shivakumar liberty to file the application and directed ED to consider if the application is filed.

ED assistant director Saurabh Mehta on January 17 had filed summons that he considers attendance of Shivakumar necessary as he is making an investigation under the provisions of the Prevention of Money Laundering Act, 2002. He asked Shivakumar to appear in person with documents on February 8.

Veteran advocate Kapil Sibal who argued for Shivakumar highlighted flaws in the proceedings initiated by the investigating agencies. Sibal contended that the ED can investigate only scheduled offences under Prevention of Money Laundering Act, 2002. The ED has no jurisdiction to investigate IT offences. Since 120(B) is not a stand-alone offence, ED cannot investigate it, he claimed.

Shivakumar in his interim prayer sought a stay on the summons by the ED. The court sought to know if the summons could be extended after an application is filed. The counsel for the ED submitted that it can be done. The court granted Shivakumar the liberty to file an application seeking extension.