The Delhi High Court on Wednesday issued notice to the Enforcement Directorate (ED) on Congress leader D.K. Shivakumar’s plea challenging the probe against him in relation to a Prevention of Money Laundering Act (PMLA) case.
A division bench of Justice Mukta Gupta and Justice Anish Dayal, however, did not issue any order staying coercive action against the Karnataka Congress president.
The court directed the probe agency to file their reply in the matter by December 15.
In his plea, Shivakumar argued that the fresh PMLA probe in the matter was based on identical facts and infringed his rights.
“The respondent in the 1st ECIR (Enforcement Case Information Report) had sought custody of the petitioner primarily to investigate the issue pertaining to the growth in assets of the petitioner during the period he served as the Minister and MLA in the State of Kamataka. The commencement of fresh proceedings under the PML Act on identical facts and covering the same period is directly infringing the rights guaranteed under the Constitution more particularly Article 20(2) and Article 21,” his plea read.
The plea further argued that the offence under 13 of the Prevention of Corruption Act, 1988 cannot lead to the generation of proceeds of crime.
“…PML Act in such cases cannot be invoked against the person alleged to have amassed disproportionate assets. Thus, the inclusion of offence u/s 13 of the Prevention of Corruption Act is violative of Article 20(2) of the Constitution and Section 300 of CrPC,” it added.
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