By paying tax DK Shivakumar cannot turn tainted property into untainted, ED tells court
New Delhi, Sep 19: Just by paying the tax on it Congress leader D K Shivakumar cannot turn his tainted property into untainted one, the Enforcement Directorate said Thursday while opposed his bail application in a money laundering case.
The ED told Special Judge Ajay Kumar Kuhar that if released, Shivakumar may influence the persons who are in knowledge of his "grave offence" of money laundering and are yet to be examined.
Additional Solicitor General K M Nataraj, appearing for the ED, said he did not cooperate during the investigation and failed to offer any plausible explanation for the source of acquisition of properties worth Rs 800 crore.
"The declaration of property made by him is irrelevant. The question is how he acquired it. Even if he pays tax on it, it still remains tainted property. By just paying tax tainted property cannot be turned into untainted," the probe agency told the court.
The claims made by the politician were "unbelievable", it said.
"He says he is agriculturist. Rs 1.38 crore from agricultural income is projected by him in last 20 years. Entire property is Rs 800 crores. Saying that Rs 1.38 crore was invested and became 800 is unbelievable," the ED said.
Senior advocate Dayan Krishnan, appearing for the Karnataka Congress leader, opposed the submission saying he never claimed that the mere income from property became Rs 800 crore.
ED's special public prosecutors Amit Mahajan, N K Matta and Nitesh Rana also said that Shivakumar did not cooperate during questioning and offered no plausible explanation on the source of acquisition of the properties.
The court has posted the matter for further hearing on the application on September 21.
The agency said that Shivakumar, who is in judicial custody, did not cooperate during interrogation despite direct documentary evidence linking him with proceeds of crime in the case.
It also cited the "antecedents of the applicant, circumstances which are peculiar to the applicant, reasonable possibility of the securing the presence of the witness being influenced or evidence being tampered with a larger interest of the public/state and other similar considerations".
"If enlarged on bail, there exists all likelihood of the applicant hampering the investigation of the case and influencing the persons whose names were revealed during the probe recently. Investigation against the accused is at a crucial stage...
"Huge amount of proceeds of crime have been found to be laundered and investigation in this regard is ongoing. There exists a reasonable apprehension of crucial evidence being destroyed if the applicant is enlarged on bail," the ED said.
It said Shivakumar, 57, committed money laundering, "which posed a serious threat to the national economy and national interest" and that "it was committed with cool calculation and deliberate design with motive of personal gain regardless of the consequences to the society".
The agency informed the court that Shivakumar's daughter, Aisshwarya D K Shivakumar, 24, was also summoned during the probe and it was found that transactions to the tune of Rs 108 crore have been made in her name.
During the probe, the agency also recorded statement of Shivakumar's auditor N N Somesh who provided information about the properties acquired by the politician and his associates by making cash payments.
"The agency needs to summon and examine many more such persons and it is apprehended by the ED that if Shivakumar is granted bail, then there is every possibility that the applicant would influence such persons who are in knowledge of his offence of money laundering and would tamper with evidence," it said.
The agency said that the investments made by Shivakumar in the name of his family, associates and accompanies are enormous and as per his election affidavit filed in 2018, he along with his family members holds assets worth Rs 800 crore for which he is unable to provide the source of acquisition.
"The applicant, during the investigation so far, could not offer any plausible explanation with the respect to source for acquisition of all properties," the agency said.
Shivakumar diverted tainted money through more than 317 bank accounts which finally landed either in his or his family members' bank accounts, the agency said.
The ED had in September last year registered the money laundering case against Shivakumar, Haumanthaiah, an employee at the Karnataka Bhavan in New Delhi, and others.
The case was based on a charge sheet (prosecution complaint) filed by the Income Tax Department against them last year before a special court in Bengaluru on charges of alleged tax evasion and hawala transactions worth crores.
The I-T department has accused Shivakumar and his alleged associate S K Sharma of transporting huge amount of unaccounted cash on a regular basis through 'hawala' channels with the help of three other accused.
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India overpowered by Minhas' big hundred and pacers as Pakistan clinch U19 Asia Cup
Dubai (PTI): India faltered against the big-hitting Sameer Minhas and the extra zip of pacers, suffering a massive 191-run defeat against Pakistan in a one-sided 50-over Under-19 Asia Cup final, here Sunday.
Pakistan lifted their second U19 Asia Cup, and as it is the norm now, there was no formal greetings between the players of two teams.
Once Pakistan posted a mammoth 347 for eight, riding on Minhas’ 172 (113b, 17x4, 9x6) they needed a lion-hearted chase to clinch a ninth title in the tournament.
But the tall Pakistan pace troika -- Ali Reza (4/42), Mohammad Sayyam (2/38) and Abdul Subhan (2/29) -- hurried their top-order with consistent hard-lengths as India folded for 156 in 26.2 overs.
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India skipper Ayush Mhatre said his team played well throughout the tournament but wayward bowling cost them dear on the crucial day.
"We were clear to bowl first, there were some inconsistencies in the line of the bowling. It was a simple plan to play the 50 overs. The boys really played well and tournament was good for us and some players stood up," he said.
Pakistan skipper Farhan Yousaf said he "was not disappointed with the final score."
"We very happy with the collective performance. We had lost the first match against India, but our management had a good talk with us and we could provide the win in the final," Yousaf said.
Minhas was adjudged the Player-of-the-Match and also Player-of-the-Series.
"It was a good innings, I had in mind to score a big score, I want to play my natural game, we wanted to bat first looking at the track. It is very memorable for me." he said.
India’s chase began on an explosive note despite losing Ayush Mhatre early. Vaibhav Suryavanshi hammered Raza for two sixes and a four to take 21 runs in the first over.
Aaron George too began brightly, caressing Sayyam for three fours in a row in the fourth over as India raced off the block at 10 runs an over.
But the game’s course changed in the last ball of the fourth over. George was jostled into a pull by Sayyam, and all he could do was to sky the short-pitched ball to Mohammad Shayan inside the circle.
In the first ball of the fifth over, India suffered a body blow with the dismissal of Suryavanshi.
The left-hander went for a full-blooded pick-up shot off Raza, but the good-length ball, which had extra bounce on it, took the edge of the opener’s bat and nestled in the gloves of stumper Zahoor Hamza.
Raza and Pakistan fielders celebrated wildly, and a few words were exchanged before Suryavanshi trudged off dejected.
India slipped from 49 for 1 to 49 for three in the space of two balls, and it was just the beginning.
Vedant Trivedi and Kanishk Chouhan too fell to snorters as Pakistan pacers made the flat ICC Academy pitch look like the Road of Bones.
India’s last hope — even if feeble — was the presence of Abhigyan Kundu, and a drop on 12 off Subhan hinted at a possible shifting of fortune.
But all such hopes were trampled when Kundu’s upper cut two balls later after his reprieve found Niqab Shafiq at third man.
Earlier, Pakistan opener Minhas struck a brilliant century as Pakistan motored to a humongous total.
Minhas, the younger brother of Pakistan T20 player Arafat, went after every Indian bowler but was especially harsh on new-ball bowlers Kishan Singh and Deepesh Devendran.
Minhas brought up his century off 71 balls with a four in the 29th over off Devendran.
This was Minhas' second hundred in the competition having cracked an unbeaten 177 against Malaysia in the opening group match.
Minhas' six in the 28th over, where he used his feet to launch a Mhatre delivery high up in the air to deep mid-wicket, had class written all over it.
The 19-year-old looked set for a double century but he was tricked by a slower delivery from Devendran (3/83) to be caught at mid-on.
It was smooth sailing for Pakistan after Hamza Zahoor (18) departed early.
Zahoor's dismissal brought in Usman Khan (35) and, together with Minhas, took the total to 123 -- a partnership that yielded 92 runs.
Left-handed Ahmed Hussain, who too has enjoyed a rich vein of form in the tournament scoring a century and half-ton, struck a fine 56 before left-arm spinner Khilan Patel (2/44) enticed the middle-order batter to play the false sweep and gave a catch at mid-wicket.
His 137-run partnership with Minhas provided the deck for Pakistan to go for a big total.
