The Karnataka High Court on Friday declined to accept former Minister D.K. Shivakumar’s plea for either extension of time for his appearance before the Enforcement Directorate (ED) or protection from arrest if he appeared before it, till he filed an appeal against Thursday’s order of dismissal of his plea against the ED’s earlier summons.
Justice Aravind Kumar, who on Thursday dismissed the petition against summons issued by the ED in January this year, said that the court could not grant the relief owing to prohibition on the court, under Section 362 of the Code of Criminal Procedure, from altering or reviewing its judgements under the provisions of the CrPC except to correct clerical or arithmetic errors.
It was argued on behalf of Mr. Shivakumar that he was given extension of time from appearance before the ED during the pendency of his petition and the same arrangement should be continued till he filed an appeal before the appellate court, a Division Bench of the High Court.
Mr. Shivakumar, his counsel argued, was prepared to appear before the ED on Saturday (August 30) if the court gave him protection from arrest till he filed an appeal, which could be done only after September 2 in view of holidays. Counsel also sought time till September 5 or 6 to appear before the ED so that Mr. Shivakumar could move the Division Bench against Thursday’s order.
Mr. Shivakumar moved the High Court again on Friday morning as the ED on Thursday night issued fresh summons asking him to appear before it at 1 pm on Friday after the court’s order dismissing his petition against earlier summons.
