SC Dismisses ED Appeal Against Delhi HC Order Granting Bail To D K Shivakumar

In a relief to Congress leader D K Shivakumar, the Supreme Court on Friday dismissed the petition filed by Enforcement Directorate against the Delhi High Court's order granting bail to him in an alleged money laundering case.

The bench comprising Justices R F Nariman and Ravindra Bhat turned down Solicitor General Tushar Mehta's pleas to admit the petition.

The Court noted that the ED had 'copy-pasted' from their petition against P Chidambaram. 

"The petition seems to be cut, copy and paste from the petition against P Chidambaram. Shivakumar is referred to as the former Home Minister. This is not the way to treat a citizen", Justice Nariman remarked.

Justice Nariman also slammed Solicitor General Tushar Mehta by saying that the Government cannot 'play with' Supreme Court judgments.

"Please read our dissenting judgment in Sabarimala. Our judgments are not to be played with. Tell your government that our judgments stand", Justice Nariman told the SG.

The Delhi HC granted bail to Shivakumar on October 23, after he had spent 50 days in custody. The bail order was passed by Justice Suresh Kumar Kait, who had reserved judgment on October 17. Justice Kait mentioned in his order that Shivakumar poses no flight risk, he cannot tamper with the evidence as all evidence is documentary and is in possession of the agency, and the possibility of his influencing the witnesses is also ruled out.

Before the High Court, Shivakumar had submitted that he's been accused of offences under sections 276C(1), 277 and 278 Income Tax Act which are not scheduled offences under the Prevention of Money Laundering Act.

He had also submitted that he doesn't meet the criteria of triple test for denying bail. It was argued that since he's a 7 time MLA, a public figure and has his roots in the society, there's no risk of him fleeing from investigation or tampering with the evidence.