Delhi High Court asks ED's stand on DK Shivakumar's plea

The Delhi High Court on Wednesday sought its stand on a petition filed by Karnataka Congress leader DK Shivakumar from the Enforcement Directorate (ED). Shivakumar has challenged the ongoing investigation by the agency against him on charges of money laundering. A bench of Justice Mukta Gupta and Justice Anish Dayal issued notice to the agency on a petition by a Karnataka Assembly member. Shivakumar has challenged the constitutionality of registering a disproportionate asset case under the Anti-Corruption Act as a "notified act" under the Prevention of Money Laundering Act (PMLA).

In the petition, filed through senior advocate Kapil Sibal, Shivakumar insisted that the present investigation by the ED into the case registered in the year 2020 cannot be probed as the matter should already be investigated on the basis of an FIR registered in the year 2018.

Kapil Sibal said that in the case of disproportionate assets, no money laundering case is made out. "Once you have come to the conclusion that there is a case of disproportionate assets from known sources, then there is no money laundering case. It doesn't make out a case under the law."

Kapil Sibal said, "In the previous prosecution, they had checked this fact. Now the elections are near and they have started this process before the elections, it should be stopped. In the application, moved through advocates Mayank Jain, Parmata Singh and Madhur Jain, the petitioner said that the process of investigation initiated for the second time is "absolute abuse of law and wrongful use of authority". He said that this is also a violation of the constitutional provision to prosecute twice in the same case.

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