DK Shivakumar Arrest Updates: Delhi court sends Congress leader to ED custody till 13 September

Shivakumar to be in ED custody till 13 September

CBI Court sends DK Shivakumar to ED custody till 13 September in connection with a money laundering case.

What was the need to arrest Shivakumar if he cooperated with CBI, ED, IT, asks Shashi Tharoor

Congress leader Shashi Tharoor questioned the need to arrest DK Shivakumar even though he cooperated with government agencies. ““How does the arrest actually help? It just sends a chilling signal to other opponents of the government. They don’t like to hear any voice from the Opposition. The government has full authority to conduct any inquiry, whether it is CBI, ED or IT,” he said.

“If somebody says that I won’t cooperate and will run away, then it will be a different thing. But since the beginning, everybody knew where Shivakumar and Chidambaram were. They have cooperated throughout the inquiry. Beyond that, raids have been conducted at their offices and houses. After that this, what is need to arrest them?” Tharoor asked.

DK Shivakumar’s arrest an attempt to harass him, says Mallikarjun Kharge

Senior Congress leader called the arrest of DK Shivakumar an attempt to demoralise him and party workers. “As per rules, whenever the Income Tax department and Enforcement Directorate called, he responded. He is cooperating. Is he absconding? Why are they doing this? Just to harass and mentally torture him,” Kharge told ANI.

Violent protests were reported in Bengaluru over DK Shivakumar’s arrest

Shivakumar is an MP from Kanakpura in Karnataka.

DK Shivakumar has been persecuted, not prosecuted, says Veerappa Moily

Senior Congress leader Veerappa Moily said DK Shivakumar has been “persecuted actually, not prosecuted”. He said that Shivakumar has always cooperated in the investigation. “Declaring that he is not cooperating and that is why we are arresting is absolutely false and without any ground. That reflects the political attitude of the present government in the Centre. In a similar manner, they treated P Chidambaram,” Moily said.

Rahul Gandhi calls DK Shivakumar’s arrest ‘vendetta poltiics’

Court reserves order

Rouse Avenue Court reserves order on remand application of Enforcement Directorate in the matter concerning DK Shivakumar. Order to be passed shortly.

ED seeks week’s time to submit objections to Shivakumar’s bail plea​

Singhvi informs the Court that DK Shivakumar made representations to the ED pursuant to the High Court’s order but the ED decided to arrest him. ED seeks one week’s time to submit objections to DK Shivakumar’s bail plea.

It is DK Shivakumar’s statutory requirement to state truth, says ASG Natraj

Being an independent offence, the Enforcement Directorate has initiated a case under PMLA based on facts and materials, argued Natraj, adding that it is DK Shivakumar’s statutory requirement to state the truth.

Money laundering is an independent offence under PMLA, says ASG Natraj

ASG Natraj says that the ED’s remand application cannot be legally rejected on the basis of Singhvi’s arguments. “We have taken an exception with respect to signing the remand application before the Court,” he argued.

He added that the offence of money laundering is an independent offence under PMLA Act and that the contention that the case only involves income tax offences is incorrect. “The (HC) stay was only with respect to further proceeding under IT Act,” Natraj said.

Section 50(4) PMLA cannot be ground of arrest, argues Dayan Krishnan

The only house that belongs to DK Shivakumar has been declared everywhere, argues Abhishek Manu Singhvi. “172 CrPc identifies only case diary and not a file which has no pagination and para number,” Singhvi said.

Section 50(4) PMLA cannot be a ground of arrest, senior advocate Dayan Krishnan argues for DK Shivakumar.

Purpose of custodial interrogation is not confession, says Singhvi; seeks bail for DK Shivakumar

Abhishek Manu Singhvi reads judgements on ban on self-incrimination and right to silence. Purpose of custodial interrogation is not confession, he argued, adding that “Merely because he (DK Shivakumar) did not confess, it cannot be said that he was not cooperating.”

Seeking bail on whatever conditions possible, Singhvi stated that Shivakumar suffers from low blood pressure and thyroids. “For some reason, he has not been given food today,” Singhvi said, adding that the senior Congress leader is being interrogated by three people at a time.

Article 20 is a direct Constitutional protection, argues Abhishek Manu Singhvi

Agency is required to make out a strong case for remand, Abhishek Manu Singhvi argued, adding that in this case, ‘strong case’ is compoundable offence and no scheduled offence.

The remand application has a completely perverse view of “investigation”, he further said, calling the prosecutor saying that an arrest will be made because the accused is not speaking the truth ridiculous.

Article 20 is a direct Constitutional protection given to DK Shivakumar, he said.

Offence committed by Shivakumar is compoundable, argues his lawyer

The offence allegedly committed by DK Shivakumar under the Income Tax Act is compoundable, argued Abhishek Manu Singhvi. “The PMLA Act has no reference to Section 276, 278, 279 of IT Act. The scheduled offence does not exist,” Singhvi argued.

He further said that remand cannot be granted in a mechanical manner, and that the court needs to see is it is absolutely necessary, since it is granted in matters of rare exception.

DK Shivakumar moves a bail application through lawyer

Explaining the case, Singhvi said it started with an income tax search in August 2017 and a complaint by the department in June 2018. “The remand application itself says income tax and this is the offence with respect to which money laundering is done,” Singhvi said.

The High Court has stayed the entire process arising from this complaint under Income Tax Act on 20 August, Singhvi argued. He added that the matter was listed for hearing today and the stay would continue til 17 September. “Substantive offence and proceedings are stayed,” he argued.

DK Shivakumar not at flight risk, says lawyer Abhishek Manu Singhvi

Abhishek Manu Singhvi arguing on behalf of DK Shivakumar said that the remand application was signed right under the “nose of the court” after the ASG arrived with it.

He said that the senior Congress leader has been investigated for 33-34 hours and that he did not abscond and is not at flight risk. “Unless you show that something startling and new has happened, there cannot be a remand,” Singhvi said.

ASG places “reason to believe” before Judge​

ASG Natraj argued that DK Shivakumar has made conscious efforts to misguide the investigation. Placing the investigation material before the Bench, he says that the “reason to believe” that he has committed the offence of money laundering has already been placed before the Judge, along with the materials on which it is based.

Income Tax investigation revealed incriminating evidence against DK Shivakumar, says ASG

ASG Natraj told the court that proceeds of crime to the tune of Rs 44 crore were found in DK Shivkumar’s possession through income tax raids. “Income Tax investigation and statement of various witness have revealed incriminating evidence against DK Shivakumar,” Natraj said.

He also said that the Congress leader’s family members’ assets saw an exponential growth and that his custody is necessary to determine how the proceeds of crime are parked with Shivakumar. “His custodial interrogation is necessary to unearth the modus operandi..Some facts are still in his personal knowledge,” Natraj said.

DK Shivakumar has been produced before CBI Special Judge Kuhar

ASG KM Nataraj, representing the Enforcement Directorated, asks for 14 days of custody of the Congress leader. He also said that the extension of custody is necessary since DK Shivakumar is not cooperating with the investigation, even though he appeared after being issued summons.

DK Shivakumar was presented before a special court after being arrested by Enforcement Directorate officials on Tuesday