The Supreme Court on Friday, November 15, rebuked Solicitor General Tushar Mehta while dismissing a plea filed by the Enforcement Directorate (ED) seeking revocation of the bail granted to Karnataka Congress troubleshooter DK Shivakumar. The apex court said the SC judgements are not to be played with.
The SC bench, comprising Justice RF Nariman and Justice S Ravindra Bhat, found that the petition against DK Shivakumar was a copy of the petition against P Chidambaram. The court asked Mehta to look into the dissenting judgement in Sabarimala when he urged the top court to revoke Shivakumar's bail.
"Our Judgements are not to be played with. Tell your government that our judgement stand," said
Justice Nariman. ED had moved the apex court challenging the Delhi High Court order demanding cancellation of the bail. "This is not the way you treat citizens of the country", the top court told ED.
Prevention of Money Laundering Act
The court also noted that ED had re-launched Section 45 of Prevention of Money Laundering Act (PMLA), which was quashed by Justice Nariman in 2017 for violating the right to liberty. Section 45 stated that no accused can be granted bail unless prosecutor gets an opportunity to oppose and if the prosecutor chose to oppose it, the court has to be convinced that he was not guilty of the crime.
The Supreme Court took a strong view on Section 45 provisions of the PMLA being resurrected, which was contented by senior advocates AM Singhvi and Mukul Rohatgi, appearing for Shivakumar, reported Deccan Herald.
Shivakumar had submitted details before the High Court that he was accused under section 276(c)1, 277 and 278 of the Income Tax Act. But the above sections are not offences under PMLA.