The Enforcement Directorate (ED) on Wednesday opposed Karnataka Congress president D K Shivakumar plea challenging a money laundering probe against him, saying the two Enforcement Case Information Reports (ECIRs) lodged by the agency pertain to different cases with certain overlapping of facts which cannot be termed a re-investigation.
The ED in its counter affidavit before the Delhi High Court said that both the ECIRs are based on different set of facts and even the scheduled offence in both the cases are different. The quantum of proceeds of crime involved is also different, it said.
It is settled law that a person can be prosecuted and punished more than once even on substantially the same facts provided the ingredients of both the offences are totally different and they did not form the same offence," the central agency said.
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Shivakumar, in his plea, has sought quashing of the entire investigation, including summons issued to him in the (Enforcement Case Information Report) ECIR registered by the ED in 2020, on several grounds like the agency was re-investigating the same offence which it had already probed in a previous case lodged by it in 2018.
The ED, in its reply, further said as per the first ECIR, the scheduled offence is section 120B IPC and the quantum of proceeds of crime recorded is Rs 8.59 crore.
The second ECIR is related to disproportionate assets to the tune of Rs 74.93 crore and emanates from a different FIR the CBI lodged in Bangalore on October 3, 2020 under the Prevention of Corruption Act.
On Wednesday, the division bench of the High Court granted a week’s time to Shivakumar, who was represented through senior advocate Kapil Sibal and lawyer Mayank Jain, to file a rejoinder to the ED’s reply. The high court also asked the parties to file their written submissions in the case before the next date of hearing on December 2.
Separately, Delhi's MP/MLA Court which is hearing the money laundering case against Shivakumar adjourned the matter to January 18.
Advocate representing Shivakumar informed Special judge Vikas Dhull and sought more time to study the chargesheet filed on money laundering case by the Income Tax Department in connection with Rs 8.59 crore cash seized from his Safdarjung Enclave apartment.
Meanwhile Shivakumar moved a separate application before the Special judge seeking permission to visit Dubai from December 1 to 8. The judge posted the matter to November 26.