SC Refuses to stay Criminal Proceedings against Karnataka Congress Chief DK Shivakumar in IT Case

On Thursday, the Apex Court refused to stay criminal proceedings against Senior Congress leader D K Shivakumar in a case registered by the IT-Department for allegedly evading tax. A bench of CJI S A Bobde, Justice A S Bopanna & Justice V Ramasubramaniun allowed the Income Tax department to file their reply in the case.

The Bench said that "Zoheb Hussain, counsel appearing for the respondent (IT Dept), prays for & is granted two weeks' time to file counter-affidavit. Rejoinder-affidavit, if any, be filed by the petitioner within one week thereafter. List the matter after four weeks".

The I-T Department had filed a complaint against Shivakumar & others after it conducted a search in Aug 2017 under the provisions of the Income Tax Act as well as the Indian Penal Code.

Shivakumar in his appeal before the Supreme Court has challenged the Nov 2019 Karnataka HC order which upheld a Trial Court decision to reject his plea seeking discharge in the case. Senior Lawyer Mukul Rohatgi, appearing for Shivakumar, pressed for staying the criminal proceedings, saying irreparable harm would be caused to the politician if interim stay is not granted.

The Senior Lawyer had earlier questioned the validity of the sanction to prosecute the senior Congress leader. The I-T department has accused Shivakumar & his alleged associate S K Sharma of indulging in transactions involving huge amounts of unaccounted money on a regular basis through 'hawala' channels with the help of three other accused. PTI PKS MNL SJK RKS.

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