Money laundering case: Delhi court allows Karnataka Dy CM DK Shivakumar to travel abroad
New Delhi, Nov 27: A Delhi court has allowed Karnataka deputy chief minister D K Shivakumar, accused in money laundering case, to travel abroad.
Special Judge Vikas Dhull allowed Congress member Shivakumar to travel to Dubai from November 29 to December 3 on an application moved by him.
The application claimed that he was invited by His Excellency Dr Sultan Ahmed Al Jaber, COP28 President-Designate, and Michael R Bloomberg, United Nations Secretary-General's Special Envoy on Climate Ambition and Solution, to attend the upcoming COP28 Local Climate Action Summit in Dubai, which is an annual international climate summit convened by the United Nations.
"It is a settled principle of law that right to travel abroad is part of personal liberty as per Article 21 of the Constitution of India. However, such right is not unfettered and reasonable restriction can be imposed upon the same. One of the restrictions which can be imposed is to curb the said right during the course of investigation or trial if it appears that accused is likely to abscond and will not be available to face the trial," the judge said in an order passed on November 25.
Noting that the accused was eight-time MLA from Karnataka, where he is currently serving as a deputy chief minister, the judge said that the possibility of him fleeing from India was quite remote.
"In the facts and circumstances, there is no impediment in allowing the application of applicant. Hence the application filed by Shivakumar seeking permission to travel abroad is allowed and he is permitted to travel to Dubai with effect from November 29, 2023 till December 3, 2023," the judge said.
The judge, however, put several conditions on the accused, including that he furnishes an FDR of Rs 5 lakh in his name before the court prior to his travel and files his complete travel itinerary, along with a telephone or mobile number.
"Accused shall not try to contact any of co-accused or try to influence any of the witnesses connected with the present case while travelling abroad," the judge said.
Shivakumar was granted bail on October 23, 2019 by Delhi High Court, with the condition that he will not leave the country without the permission of the court.
The application claimed that the accused had on several occasions travelled abroad and returned to India and was not a flight risk.
It was further submitted in the plea that the investigation was complete and prosecution complaint was already filed before the court.
It was further submitted that applicant has no criminal antecedents.
"Thus, there is no likelihood that applicant will commit any offence or tamper with the evidence or influence any witnesses," the application claimed.
The ED opposed the application, claiming that the accused was involved in a criminal conspiracy to move tainted cash and hide the source of such cash with active participation and help of the other accused.
Shivakumar was booked for alleged offences under the Prevention of Money Laundering Act.
The case was based on a charge sheet filed by the Income Tax Department in 2018 before a special court in Bengaluru on charges of alleged tax evasion and 'hawala' transactions worth crores of rupees.
The IT department had accused Shivakumar and his alleged associate S K Sharma of indulging in transactions involving huge amounts of unaccounted for money on a regular basis through 'hawala' channels with the help of three other accused.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
