Tax evasion: DK Shivakumar moves Karnataka HC, seeks quashing of proceedings

TNN
February 5, 2019

Bengaluru, Feb 5: Water resources minister DK Shivakumar has moved the high court, challenging the prosecution launched against him by the income tax department for wilfully attempting to evade tax and filling false I-T statement.

In his petition, the minister claimed the May 28, 2018, sanction for prosecution granted by the principal director (investigation) of the I-T department to the deputy director of I-T department (investigation), Bengaluru, and the consequent complaint lodged against him before a special court for economic offences in Bengaluru is without jurisdiction.

In addition, Shivakumar also challenged the order of taking cognisance by the special court on June 18, 2018, for offences under sections 276 C(1) and 2777 of I-T Act, 1961, and also IPC sections 193, 199 and 120-B, claiming that under the scheme of law, only the I-T commissioner was empowered to grant such a sanction.

Further, the minister questioned the summons issued on January 17 by the assistant director, Enforcement Directorate, New Delhi, under Prevention of Money Laundering Act, 2002, requiring his personal appearance along with documents on February 8. According to him, the entire proceedings launched against him are without jurisdiction and needs to be quashed.

It may recalled that the I-T department had conducted searches at Shivakumar’s residence in Bengaluru on August 2, 2017, besides other premises in Bengaluru and New Delhi.

Based on the May 28, 2018 sanction order, a complaint was lodged against Shivakumar and others, including businessman Sachin Narayan, Sunil Kumar Sharma, proprietor of M/s Sharma Transports, Anjaneya Hanumanthaiah, an state government employee working as an assistant liaison officer in Karnataka Bhavan, New Delhi, and Rajendra N, a retired caretaker of Karnataka Bhavan, New Delhi.

Fund siphoning case: Judge recuses himself from hearing

Justice R Devdas on Monday recused himself from hearing the petition filed by S Murthy, suspended secretary of Karnataka legislature. The petition will now come up before another bench.

Murthy has challenged the December 27, 2018 order passed by the Karnataka legislative assemblyspeaker, suspending him over alleged siphoning of funds sanctioned to conduct winter session of legislature in Belagavi in 2016-17.

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News Network
October 1,2024

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The BJP has selected Kishore Kumar Puttur as its candidate for the bypoll to Karnataka Legislative Council from Dakshina Kannada and Udupi Local Authorities’ Constituency. The by-election will be held on October 21.

Kishore Kumar is presently serving as the General Secretary of Dakshina Kannada BJP unit. He had served as vice president of State BJP Yuva Morcha from 2014 to 2016.

The by-election will be held to the seat vacated by Kota Srinivas Poojary of the BJP who has been elected as the Lok Sabha member from Udupi-Chikmagaluru Lok Sabha constituency. The vacancy was created on June 15, 2024 following Poojary’s resignation to the Council. His term in the council was till January, 2028.

In the last Council election held for the dual member constituency in December 2021, Poojary had secured 3,672 votes while the Congress candidate Manjunath Bhandary had secured 2079 votes. Poojary and Bhandary had secured required votes from the first preferential votes and had won the election.

There were several aspirants for the BJP ticket including former MP Nalin Kumar Kateel, DK BJP president Satish Kumpala, Mangaluru divisional in-charge Uday Kumar Shetty, former minister Pramod Madhwaraj and former Udupi district BJP president Kuilady Suresh Nayak.

The Congress is yet to announce its candidate for the election. KPCC working president Manjunath Bhandary in a recent press meet in Mangaluru had said that an opportunity will be given to congress leaders from Udupi district to contest by-election.

The Dakshina Kannada and Udupi Local Authorities’ Constituency has 6037 voters including 3551 from Dakshina Kannada comprising eight MLAs, one MP. The last date for filing nomination is October 3 and the last date for withdrawal of nomination is October 7. The counting will be held on October 24.

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News Network
October 1,2024

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Mysuru: The Mysuru land authority at the centre of a financial and political storm - involving Chief Minister Siddaramaiah and alleged losses of ₹ 45 crore to the state - has received an offer of restitution from his wife, the urban development body's Commissioner, AN Raghunandan said.

"I am in possession of a letter written by Siddaramaiah's wife regarding her intention to return 14 plots (of land). The Chief Minister's son, Yatindra Siddaramaiah, came to our office and delivered the letter. We will take legal advice for the next step..." he told reporters in Mysuru.

Mr Raghunandan also confirmed anti-corruption officials from the city's Lokayukta branch had written seeking cooperation in its inquiry into the charges against the Chief Minister.

He said the Mysuru Urban Development Authority, or MUDA, "will cooperate with the investigation".

The Enforcement Directorate, however, have not reached out as yet, Mr Raghunandan said. The ED, a federal agency, has filed a money laundering case against Siddaramaiah.

There have also been calls for the CBI, another federal agency, to investigate charges against the Chief Minister, but that appears unlikely now given the Karnataka government has withdrawn general consent for its operations in the state. Law Minister HK Patil made the announcement last week.

He ruled out any link with demands for the Chief Minister to be investigated by the CBI, which reports to the BJP-led central government and the ruling Congress and other opposition parties have claimed is being used by that party to target rival leaders, particularly before elections.

On Monday - three days after the Lokayukta filed a case against the Chief Minister, and hours after the ED launched its probe- Siddaramaiah's wife said she had planned to give up the land earlier but was advised against it the allegations against her husband are "politically motivated".

But now, she said, she had made up her mind as "no house, plot, or wealth is more important than my husband's honor, dignity, and peace of mind". She also said the decision was hers alone; "... I am not aware of my husband's opinion on this matter, nor do I concern myself with what my son thinks".

And, in a comment seen as a calculated swipe at the opposition BJP, which is leading calls for the Chief Minister's resignation, his wife also made an emotional appeal to "all political parties and the media" to "please not drag women of political families into the controversy to settle political scores".

Investigative action against the Chief Minister follows the Karnataka High Court quashing a challenge to Governor Thawar Chand Gehlot's order sanctioning Siddaramaiah's prosecution.

Subsequently a trial court ordered framing of charges and directed the Lokayukta to complete the investigation within three months. The ED case was filed based on the Lokayukta FIR.

Siddaramaiah faces an inquiry into claims Parvathi was allotted 14 plots of land in an upmarket Mysuru area as compensation for land elsewhere - holding a far lower value - taken for infrastructure projects.

The Chief Minister has denied all charges and refused calls to resign.

He has been backed by the Congress and his deputy, DK Shivakumar, who is also the state unit boss, and also by members of his cabinet, including IT Minister Priyank Kharge. However, some within the Congress also want him to quit, such as former Assembly Speaker KB Koliwad.

"I will fight. I am not afraid of anything. We are ready to face the investigation. I will fight this legally," he said last week after the High Court had quashed his challenge to the Governor's sanction.

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News Network
October 12,2024

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Udupi: In a significant operation, the Malpe police have arrested seven Bangladeshi nationals who were illegally residing in India using forged Aadhaar cards. Udupi Superintendent of Police, Dr. Arun K, stated that the arrests followed after an immigration incident involving one of the group's members.

Muhammed Manik, one of the arrested individuals, was caught attempting to travel to Dubai via Mangaluru International Airport with a fake passport. Alert immigration officers at the airport detained him and handed him over to the Bajpe police, who registered a case. Following this, the Udupi police, acting on the information provided by the Bajpe police and immigration authorities, conducted an investigation that led to the arrest of the seven individuals in Hoode village, Paduthonse, Udupi.

The arrested individuals have been identified as Hakeem Ali (24), Sujon S K alias Farooq (19), Ismail S K (30), Kareem S K (20), Salam S K (22), Rajikul S K (20), and Mohammed Sojib (20), all hailing from Bangladesh.

The group entered India without any valid documentation and managed to acquire fake Aadhaar cards, which they used to stay in the country illegally. According to police sources, a person named Kajol from Agartala assisted them in obtaining the fraudulent Aadhaar cards, while a Bangladeshi named Usman facilitated their illegal entry into India under the guise of employment. Both Kajol and Usman are currently at large.

The Malpe police have registered cases under several sections, including Sections 19(2), 318(4), 336(2), 336(3), 340(2), and 190 of the BNS, related to fraud and illegal entry. Interrogations are ongoing as the police seek further details in connection with the case.

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