Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Sep 17: The appeal filed by former minister and Congress leader, D K Shivakumar, against the order of a single-judge bench of the state high court that had dismissed his plea to quash the summons served on him by the enforcement directorate to be personally present for questioning relating to recovery of illegal property and money laundering cases, will be decided by the state high court on Tuesday September 17.

The appeal questioning the single-judge bench's orders to dismiss his appeal was considered by the division bench of the high court comprising Chief Justice A S Oka and Justice Mohammed Nawaz. The bench heard arguments and counter-arguments on the issue. It adjourned hearing by saying that decision whether the appeal should be accepted for hearing or not would be decided at 2.30 pm on Tuesday.

Before that, senior advocate, B V Acharya, appearing for D K Shivakumar, pointed out that the petitioner had filed a petition under Article 226 of the constitution, but the single judge bench delivered its order under section 482 of Criminal Procedure Code. He said that the single judge bench does not enjoy such power and hence urged the bench to dismiss the verdict delivered by the single judge bench that is illegal and hence fit to be dismissed.

Advocate, S Nagananda, placing arguments on behalf of the enforcement directorate, said that even though the petitioner had filed an application under Article 226 of the constitution, the single judge bench was right in dismissing it as the case falls under critical cases. He said that the bench was right in using its discretion in dismissing the petition, and argued that the appeal is not fit for being taken up by the division bench.

Another senior advocate, M B Naragund, said that article 226 and section 482 of the Criminal Procedure Code apply to all criminal cases. At the same time, the division bench which considered appeals filed by other accused, Sunil Kumar Sharma and others, restrained enforcement directorate from arresting them till September 17. Verdict on these appeals also will be delivered today along with the one relating to the appeal filed by Shivakumar.