In a recent development, a Delhi court has granted permission to Karnataka Deputy Chief Minister D K Shivakumar, who is facing money laundering charges, to travel abroad. Special Judge Vikas Dhull permitted Shivakumar to visit Dubai from November 29 to December 3. The decision was made in response to an application submitted by the Congress member, citing an invitation from His Excellency Dr Sultan Ahmed Al Jaber, COP28 President-Designate, and Michael R Bloomberg, the United Nations Secretary-General's Special Envoy on Climate Ambition and Solution, to attend the COP28 Local Climate Action Summit in Dubai, as reported by PTI.
The court emphasized the constitutional right to travel abroad as part of personal liberty under Article 21 of the Indian Constitution. However, the judge also acknowledged that such rights are not absolute and can be restricted under certain circumstances related to ongoing investigations or trials. Given Shivakumar's status as an eight-time MLA from Karnataka and the current deputy chief minister, the judge deemed the likelihood of him absconding from India as remote.
While granting permission, the judge imposed several conditions on Shivakumar. These include the submission of a Fixed Deposit Receipt (FDR) of Rs 5 lakh in his name before the court prior to travel, along with providing a complete travel itinerary and a contact number. Additionally, the court explicitly prohibited the accused from contacting co-accused or attempting to influence witnesses connected with the case during his travels.
Shivakumar had previously been granted bail on October 23, 2019, by the Delhi High Court, with the condition that he would not leave the country without court permission. The application highlighted Shivakumar's previous international travels, asserting that he posed no flight risk. It also argued that the investigation was complete, the prosecution complaint filed, and emphasized the absence of criminal antecedents.
However, the Enforcement Directorate (ED) opposed the application, alleging Shivakumar's involvement in a criminal conspiracy to move tainted cash and hide its source. The charges against Shivakumar relate to the Prevention of Money Laundering Act, originating from a charge sheet filed by the Income Tax Department in 2018. The case centers on allegations of tax evasion and 'hawala' transactions worth crores of rupees, with the involvement of Shivakumar and his alleged associate S K Sharma.
