ED petition refers Shivakumar as 'former Home Minister', gets a rap on its knuckles by SC
The Supreme Court on Friday dismissed the Enforcement Directorate's plea challenging the Delhi High Court order granting bail to Karnataka Congress leader D K Shivakumar in a money laundering case.
A bench comprising Justices R F Nariman and S Ravindra Bhat rejected the request of the Solicitor General, appearing for the Enforcement Directorate (ED), to issue a notice to the other side on the appeal.
According to a story in LiveLaw, The Court noted that the ED had 'copy-pasted' from their petition against P Chidambaram.
"The petition seems to be cut, copy and paste from the petition against P. Chidambaram. Shivakumar is referred to as the former Home Minister. This is not the way to treat a citizen", Justice Nariman remarked. Justice Nariman also slammed Solicitor General Tushar Mehta by saying that the Government cannot 'play with' Supreme Court judgments. "Please read our dissenting judgment in Sabarimala. Our judgments are not to be played with. Tell your government that our judgments stand", Justice Nariman told the SG.
The Delhi High Court had on October 23 granted bail to Shivakumar.
Shivakumar was arrested by the ED on September 3.
He was in judicial custody as the trial court had denied him bail in the case.
The high court had granted him bail saying he "cannot tamper with the evidence as the documents are with the investigating agencies".
The ED had opposed his bail plea saying he was an influential person and he could tamper with evidence and influence witnesses if released.
Shivakumar, a seven-time MLA in Karnataka, was booked along with Haumanthaiah -- an employee at Karnataka Bhavan in New Delhi -- and others for alleged offences under the Prevention of Money Laundering Act (PMLA).
The case was based on a charge sheet filed by the Income Tax Department against them last year before a special court in Bengaluru on charges of alleged tax evasion and 'hawala' transactions worth crores or rupees.
The I-T department has accused Shivakumar and his alleged associate S K Sharma of indulging in transactions involving huge amounts of unaccounted money on a regular basis through 'hawala' channels with the help of three other accused.