ECIRs against DK Shivakumar pertain to different cases with certain overlapping facts: ED to Delhi HC

Shivakumar, in his plea, has sought quashing of the entire investigation, including summons issued to him in the Enforcement Case Information Report registered by the ED in 2020, on several grounds.

The Enforcement Directorate (ED) on Wednesday opposed Karnataka Congress chief D K Shivakumar’s plea in the Delhi high court, challenging a money laundering probe against him, saying that the two ECIRs lodged by the agency pertain to different cases with certain overlapping of facts which cannot be termed a re-investigation.

Congress general secretary in-charge of Karanataka, Randeep Singh Surjewala, with Karnataka party chief DK Shivkumar, party leaders Syed Naseer Hussain and Priyank Kharge leaves after the meeting with Election Commission of India, in New Delhi on Wednesday. (ANI)

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.

However, the Enforcement Directorate said in its counter affidavit that both the ECIRs are based on different set of facts and even the scheduled offence in both the cases is different. The quantum of proceeds of crime involved is also different, it said.

“...the allegation made in the complaint of the Income Tax department and FIR of CBI depict different modes of generation of the crime proceeds and that role of different accused persons may come into light, thus the petitioner cannot claim that he has already been investigated for the same offence,” the affidavit said.

The high court also asked the parties to file their written submissions in the case before the next date of hearing on December 2.