D.K. Shivakumar sent to ED custody till Sep 13

DK Shivakumar
DK Shivakumar Karnataka Congress Leader

Karnataka Congress leader D K Shivakumar, who is arrested in a money laundering case, has been sent into the custody of the Enforcement Directorate till September 13.

Special judge Ajay Kumar Kuhar would shortly pronounce the order in the matter.

DK Shivakumar produced before the CBI Court after being arrested by Enforcement Directorate (ED) in connection with a money laundering case.

Proceedings Highlights:

  • Senior Advocates Abhishek Manu Singhvi and Dayan Krishnan to appear for DK Shivakumar.
  • Advocate NK Matta requests the Court to wait for 5 minutes as the “Ld ASG” is on his way.
  • Judge Ajay Kumar Kuhar asks the IO for application for remand.
  • The application for remand is with ASG Sir, IO informs the Court.
  • Counsel of DK Shivakumar express their disappointment.
  • “We were first told 12 then 2 pm then 3.. now we are here, the accused is here..”, Senior Advocates Singhvi and Krishnan.
  • The accused was arrested under the Prevention of Money Laundering Act, Nagraj begins as he seeks ED custody for 14 days.
  • Income Tax investigation and statement of various witness have revealed incriminating evidence against DK Shivakumar, Natraj.
  • Puruant to summons issued to him, he appeared.. but he remained evasive and did not reveal the truth.
  • He was non-cooperative and evasive, Natraj.
  • Investigation is in progress and at a crucial stage and DK ShivaKumar’s custodial interrogation was necessary to confront him with the documents, Natraj
  • His custodial interrogation is necessary to ascertain the exact source of the money and unearth the modus operandi..Some facts are still in his personal knowledge, Natraj.
  • He has made conscious effect to misguide the investigation.. and not explained the cash seized during the search, Natraj.
  • Custodial interrogation is absolutely necessary in this case, Natraj.
  • ASG places the “investigation material” before the Judge.
  • Singhvi begins, claims there is non-application of mind.
  • Singhvi brings to the Court’s notice that the remand application was signed by the IO right under the “nose of the court” after the ASG arrived with it.
  • Singhvi brings to the Court’s notice that DK Shivakumar has already been interrogation by ED for 33-34 hours.
  • “I came, I didn’t not abscond. I am not a flight risk.”, Singhvi.
  • Unless you show that something startling and new has happened, there cannot be a remand, Singhvi.
  • DK Shivakumar moves a bail application.
  • The whole case is based upon Income Tax search which started from 2.08.2017.. the search leads to an IT complaint on 13.06.2018, Singhvi.
  • This is the foundation of the entire charge against me. The remand application itself says Income tax.. and this is the offence with respect to which money laundering is done, Singhvi.
  • The High Court has stayed the entire process arising from this complaint under Income Tax Act on August 20, Singhvi.
  • Remand is a rare exception, Singhvi.
  • Agency is required to make out a strong case for remand..and in this case, ‘strong case’ is compoundable offence and no scheduled offence, Singhvi.
  • The remand application has a completely perverse view of “investigation”, Singhvi.
  • The prosecutor saying that I will arrest you because you are not speaking the truth is ridiculous, Singhvi.
  • Article 20 is a direct constitutional protection given to me, Singhvi.
  • Can it be said that I can be arrested because I am not speaking the truth according to the prosecutor?, Singhvi.
  • Singhvi reads judgements on ban on self incrimination and right to silence.
  • Purpose of custodial interrogation is not confession, Singhvi.
  • Merely because he did not confess, it cannot be said that he was not cooperating, Singhvi.
  • My first prayer is that I be granted bail on whatever conditions, Singhvi.
  • In the event my submission is not accepted, I may not be sent to police custody even for a minute, Singhvi.
  • He has low BP and thyroid..he needs to take prescribed medicines. For some reason, he has not been given food today, Singhvi.
  • He is being interrogated by three people at the same time, Singhvi.
  • The Karnataka Govt staff quarter belongs to someone else. I have only one house which has been declared everywhere, Singhvi.
  • 172 Cr Pc identifies only case dairy and not a file which has no pagination and para number, Singhvi.
  • Section 50(4) PMLA cannot be a ground of arrest, Senior Advocate Dayan Krishnan.
  • We have taken an exception with respect to signing the remand application before the Court. It cannot be a legal ground for rejection, Natraj.
  • Offence of money laundering is an independent offence under PMLA Act, Natraj.
Related Posts