ED files charge sheet against Karnataka Congress president DK Shivakumar in money-laundering case

ED files charge sheet against Karnataka Congress president DK Shivakumar in money-laundering case

The court, after taking cognisance of the complaint and the investigation conducted by the ED, will frame charges and the trial will commence thereafter.

Shankar RajUpdated: Friday, May 27, 2022, 06:02 PM IST
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Karnataka Pradesh Congress Committee (KPCC) President DK Shivakumar | Photo: ANI

At a time when his supporters are propping him up as the chief ministerial candidate of the Congress in the Assembly elections early next year in Karnataka, the political future of Karnataka Pradesh Congress Committee (KPCC) President DK Shivakumar has come under a cloud.

This follows a prosecution complaint filed by the Directorate of Enforcement (ED) against DKS under the stringent Prevention of Money Laundering Act (PMLA), 2002, before a special court in New Delhi in a 2019 case against the KPCC chief.

The court, after taking cognisance of the complaint and the investigation conducted by the ED, will frame charges and the trial will commence thereafter.

If the prosecution is able to satisfy the court and is able to prove that his assets are proceeds of crime and the court holds him guilty, then it can order that the attached assets be given to the government. But what comes next is more serious. Section 4 of the PML Act — on the offence of money laundering — states that “whoever commits the offence of money laundering shall be punishable with rigorous imprisonment for a term, which shall not be less than three years but which may extend to seven years and shall also be liable to fine, which may extend to five lakh rupees.”

As per Section 8(3) of the Representation of the People Act, 1951, if a person is convicted of any offence and sentenced to an imprisonment of two years or more he or she will be disqualified to contest elections. This means that there is a chance that DKS may have to stay out of the poll fray if found guilty.

The Congress at present has two chief ministerial candidates – DKS and Opposition leader Siddaramaiah. DKS is considered to be the front-runner as he has money and political heft. Knocking him out would give the ruling BJP an edge in the Assembly elections due early 2023.

Reacting to the development, Shivakumar said, “I have not done anything wrong. I have full faith in the courts and in the legal system. Besides politics, what else is there in the charge sheet?” he asked.

“I will not get bogged down by these threats. I’m ready to face everything,” Shivakumar said on Thursday, denying money-laundering charges and claimed that the charge sheet is nothing but a political weapon to target him ahead of the Karnataka assembly elections.

“It is part of a plan to eliminate people, whom the ruling dispensation fear may create trouble for them politically or don’t surrender to them,” he added.

It was on September 3, 2019, that DKS was arrested by the ED, under the PMLA in connection with alleged tax evasion and hawala transactions. He was enlarged on bail on October 24 of the same year.

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