HC allows DKS to ask extension against ED summons

The Karnataka High Court has granted liberty to water resources minister DK Shivkumar to file an application for an extension with regard to the summons issued by the Enforcement Directorate. The court has also directed the ED to consider said application.

Justice Aravind Kumar was hearing a petition filed by Shivkumar who had moved the court challenging the prosecution launched against him by the income tax department for wilfully attempting to evade tax and filling a false I-T statement.

Earlier in the day, Senior Counsel Kapil Sibal appearing for DK Shivkumar had contended that the ED can investigate only scheduled offences under Prevention of Money Laundering Act, 2002. The ED has no jurisdiction to investigate IT offences. Since 120(B) is not a stand-alone offence, ED cannot investigate it, he claimed.

Shivkumar has challenged the summons issued on January 17 by the assistant director, ED under the PMLA Act requiring his personal appearance along with documents on February 8. According to him, the entire proceedings launched against him are without jurisdiction and need to be quashed.

As an interim prayer, he sought a stay on the summons issued by the ED. The court then sought to know if the summons could be extended after an application for the same is filed before the ED.

To this, the counsel for the ED submitted that an application for the same could be submitted.

The court adjourned the hearing to February 22.