The Delhi High Court on Wednesday granted bail to Congress leader D.K. Shivakumar, arrested in connection with a money-laundering case being probed by the Enforcement Directorate (ED).
Mr. Shivakumar was released from Tihar Jail around 9.30 p.m. after the completion of formalities. This comes exactly 50 days after the Congress troubleshooter was taken into custody.
Justice Suresh Kumar Kait, while granting bail, remarked that Mr. Shivakumar had been extensively interrogated by the probe agency since his arrest on September 3.
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The judge, however, instructed Mr. Shivakumar to cooperate with the investigation and to not leave the country without the court’s approval. It also directed him to pay a personal bail bond of ₹25 lakh with two sureties of the like amount.
The court, in a 19-page verdict, noted that Mr. Shivakumar’s plea satisfied the ‘triple test’ for grant of bail.
First, there was no material on record to show that he was a flight risk. Second, there was no chance of tampering of evidence as all files are already under the custody of the agency. “Moreover, at present, the petitioner [Mr. Shivakumar] is not in power except as a Member of the Legislative Assembly. Therefore, in my considered view, there is no chance of the petitioner tampering with the evidence,” the court said.
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Thirdly, the court noted that there was no evidence placed by the agency to establish that either him or his family members or associates ever tried to contact any of the witnesses to not disclose any information regarding money earned by him for self and family members or associates.
“He is no more required for investigation or interrogation by the prosecution. Moreover, he remained four days in hospital and that too in the ICU, wherein an angiography was performed on the petitioner,” the court said.
“I am of the considered opinion, the petitioner is entitled for bail on merits and medical grounds as well,” it added.
Mr. Shivakumar had approached the High Court challenging the trial court’s order denying him bail. He was arrested under the Prevention of Money Laundering Act (PMLA).
The case is based on a charge sheet filed by the Income-Tax Department last year, alleging tax evasion and ‘hawala’ transactions running into crores of rupees. However, Mr. Shivakumar has maintained that there was no evidence against him except under the provisions of the I-T Act that are compoundable.
Cong. leader summoned
The ED on Wednesday summoned another Congress leader, Vijay Mulgund, for recording his statement in connection with the case against Mr. Shivakumar.
The agency had served summons on 51 people allegedly linked to the case, including the close relatives of Mr. Shivakumar. Statements of his daughter, Aishwarya, and brother, D.K. Suresh, have also been taken under the Prevention of Money Laundering Act.
( With inputs from Devesh K. Pandey )