ED moves SC against bail to D K Shivakumar

In a special leave petition, the investigating agency said if the seven-time Congress party MLA from Karnataka was allowed to remain outside the jail, he could also influence witnesses.

Two days after former Karnataka Minister D K Shivakumar got bail, the Enforcement Directorate on Friday approached the Supreme Court challenging the validity of the Delhi High Court's order, saying being an influential politician he can tamper with the evidence in the on-going investigation in a money laundering case.

In a special leave petition, the investigating agency said if the seven-time Congress party MLA from Karnataka was allowed to remain outside the jail, he could also influence witnesses.

The agency urged the court to cancel the bail granted to Shivakumar on Wednesday, October 23 by Justice Suresh Kumar Kait.

In its order, the High Court had said there was no flight risk and no possibility of Shivakumar tampering with the evidence and influencing the witnesses, since he was not in power since he was just an MLA.

The court had noted his medical conditions including the fact he was hospitalised for four days during his custody and suffering of various ailments, including hypertension and diabetes.

It directed release of the Congress leader on furnishing a bond of Rs 25 lakh with two sureties of the like amount. The court also directed him not to leave the country without permission, not to influence witnesses and make himself available for interrogation by the Enforcement Directorate (ED).

The court noted Shivakumar cannot tamper with the evidence as the documents were with prosecuting agencies and the court.

With regard to the apprehension of him influencing the witnesses, the HC had said “the ED has not placed any record to establish that either the petitioner or his family members or associates ever tried to contact any of the witnesses not to disclose any information regarding money earned by him for self family members or associates. Moreover, the petitioner and other 14 witnesses have examined by the ED.”

Shivakumar was arrested on September 3 and remained in ED's custody for 15 days, followed by judicial custody.

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