Dharwad (Karnataka), Feb 10 The Dharwad Bench of Karnataka High Court, headed by Justice M. Nagaprasanna, on Monday extended the stay over the summons issued by the Enforcement Directorate (ED) to Karnataka Chief Minister Siddaramaiah's wife, B.M. Parvathi, and Minister for Urban Development,
CM Siddaramaiah's wife Parvathi is named as the second accused in the MUDA case. CM Siddaramaiah is the accused number one.
The Bench headed by Justice M. Nagaprasanna passed the order and adjourned the matter to February 20. The court has directed the ED, not to continue with investigation in this regard until further orders.
Additional Solicitor General (ASG) Arvind Kamat submitted to the court that the court should not interfere into the matter of the ED issuing summons to the accused persons and there is an order issued by the Supreme Court in this regard.
It was also submitted that there is no rule that the summons should be issued only to the accused persons.
The Solicitor General stated that the objections to the petitions by CM’s wife and Minister Suresh, questioning the summons against them would be submitted in two to three days.
Senior counsel C.V. Nagesh, appearing for Minister Suresh submitted that there is no connection with the issue of 14 sites to CM's family and his client. "Minister Suresh is not in any position in the MUDA. The summon to him is not legal," he said.
The bench at this stage intervened and asked him which portfolio Minister Suresh is handling.
Counsel Nagesh conveyed that he is handling the Urban Development Ministry. He further charged that the issue of notice by the ED is clear violation of his privacy. The ED has given a format in which information about his family members and employees has been sought, he added.
It was also submitted that there is no mention of name of Minister Suresh in the FIR and there is no predicate offence.
Senior Counsel Sandeep Chowta appearing for CM Siddaramaiah’s wife Parvathi submitted that the 14 sites allotted by the MUDA are returned and there is no question of recovery of illegal money in the case, hence it won't attract the probe by the ED under the Prevention of Money Laundering Act (PMLA) Act.
The Bench had earlier issued the stay order following the writ petition by CM’s wife and Minister Suresh on Jan 27.
The Bench questioned the urgency of the ED's actions, asking: "What is the tearing hurry?" while passing the order.
Both Parvathi and Suresh have separately approached the court, seeking relief and requesting a stay on the ED summons.
Sandeep Chowta, counsel for CM Siddaramaiah's wife, had argued that the allegations of illegal allotment of 14 sites against Parvathi did not involve monetary gain. He requested a stay on the investigation against her by the ED.
The bench noted that the illegal assets in question were no longer in the possession of the accused.
It emphasised that the ED's investigation should not interfere with the proceedings of the court, which has reserved its judgment in the MUDA case. The court had quashed the petition demanding the CBI probe in the MUDA case.
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