Daijiworld Media Network - Bengaluru (SP) 

Bengaluru, Sep 18: The appeal preferred by former minister, D K Shivakumar, was dismissed by a division bench of the high court on Tuesday, September 17. Shivakumar had filed appeal against the order of a single judge bench of the high court that had not agreed to uphold his petition seeking to dismiss the summons served on him by the enforcement directorate (ED) to appear before it relating to recovery of cash in some residential apartments at New Delhi. 

A high court bench comprising Chief Justice P S Oka and Justice P Mohammed Nawaz, which had reserved its order on Monday after hearing arguments placed by both the sides, said on Tuesday that the appeal stood dismissed on technical grounds. The bench said that the single judge bench had given its verdict under section 482 of the Criminal Procedure Code and therefore there is no provision to appeal against this order in the high court. It however said that orders passed under the said provisions can only be questioned in the Supreme Court. By this order, the bench upheld the stand taken by senior advocates representing the ED who had argued that orders passed by single judge benches of the high court under section 482 of the said act cannot be questioned in the same court.

At the same time, the high court provided temporary relief to people close to Shivakumar by directing enforcement directorate officials not to arrest these persons for a period of four weeks. The high court agreed to the plea of the advocates to extend the interim order of arresting them in order to enable them to file appeal in the Supreme Court. The persons who are exempted from arrest for the present happen to be Sachin Narayan, Rajendra, Anjaneya, and Sunil Kumar Sharma, all of whom are said to be close to Shivakumar.