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This is an archive article published on November 23, 2022

ED opposes Shivakumar plea, tells HC no violation of Congress leader’s fundamental rights

A division bench of Justices Mukta Gupta and Anish Dayal asked Shivakumar to file his rejoinder to ED’s response within a week and further asked the parties to file their written submissions before the next date of hearing on December 2.

KPCC President DK Shivkumar (File)
KPCC President DK Shivkumar (File)

Opposing Karnataka Congress president D K Shivakumar’s plea urging Delhi High Court to restrain the Enforcement Directorate from taking any coercive steps against him in a money laundering case, the central agency told the court that there has been no violation of Shivakumar’s fundamental rights at the summoning stage.

Contesting the plea, which also argues that ED’s case (ECIR) lodged in 2020 was based on the same set of facts that had already been investigated by the agency in a previous ECIR of 2018, the agency, in its reply, informed the court that ECIRs against Shivakumar belong to different cases with certain overlapping of facts, which cannot be termed as re-investigation.

A division bench of Justices Mukta Gupta and Anish Dayal on Wednesday asked Shivakumar to file his rejoinder to ED’s response within a week and further asked the parties to file their written submissions before the next date of hearing on December 2.

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Shivakumar has challenged the ED probe against him in connection with a 2020 money laundering case. He has claimed the ED had already conducted an investigation on allegations of money laundering in a 2018 case.

He has also challenged the constitutional validity of Section 13 of Prevention of Money Laundering (Amendment) Act [PMLA], by virtue of which the Schedule of PMLA was amended and Section 13 of the Prevention of Corruption Act (PCA) was included.

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