A Delhi court on Friday extended the custodial interrogation of Karnataka Congress leader D K Shivakumar by the Enforcement Directorate (ED) by four days till September 17 in a money laundering case.
Special Judge Ajay Kumar Kuhar extended Shivakumar's custodial interrogation after the ED sought five more days to quiz him.
The judge told the ED that it should take care of Shivakumar's medical requirements first and only then ask him questions.
"Before the examination of the accused, his medical check-up must be done. In view of his medical record, we cannot take his health for granted. Therefore, the investigating officer shall ensure that all due care is taken of his health and, whenever required, he is taken to hospital for check-up and treatment," the judge said, adding that the first priority is Shivakumar's health.
The court said although police custody cannot be claimed and granted mechanically, but it is also true that the investigating agency has to be given a chance to conduct a free, fair and full investigation.
"The pace of interrogation cannot be truncated when some material document and record remains to be put to the accused. Therefore, the remand of the accused to ED custody is extended till September 17," the court said in its four-page order.
During the proceedings, Shivakumar told the court that he is a law abiding citizen."They (the ED) summoned me and I did not avoid. I have nothing to hide. If you want to interrogate me, you can call me for interrogation anytime," he told the court.
In its order, the court asked the agency to ensure that the accused is allowed to take his prescribed medicines in view of his health condition and said he will be examined after every 24 hours or as and when required.
His family members or counsel will be at liberty to meet him for half an hour daily as per the convenience of the parties and Shivakumar allowed to meet his doctor Ranga Nathan, it said.
The agency sought a five-day extension of custodial interrogation of Shivakumar, arrested in a money laundering case, saying he was evasive in his replies.
Shivakumar, who was arrested on September 3 by the ED, was produced before the court on the expiry of his nine-day custodial interrogation by the agency. He was sent to the ED's custody on September 4.
The probe agency told the court that Shivakumar, 57, was evasive and gave irrelevant answers during the interrogation, and many of his properties are 'benami'.
"As per the probe against Shivakumar, tainted money is more than Rs 200 crore and there is Rs 800 crore worth 'benami' property," said Additional Solicitor General (ASG) K M Natraj, representing the ED.
The ED needs to confront him with voluminous documents it has collected so far in the case, Natraj and special public prosecutors Amit Mahajan, Nitesh Rana and N K Matta, said and claimed that Shivakumar was withholding information which was solely in his knowledge.
To this, the judge said, "I am sure he won't answer questions in the next five days either. Why do you need his custody?"
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