Delhi court raps ED for 'outrageous' and 'aggressive' response, asks special director to appear.

Delhi. A Delhi court on Saturday rapped the Enforcement Directorate (ED) for its “offensive” and “derogatory” reply given by its lawyer in response to a question. Special Judge Jitendra Singh asked the Special Director to appear before him and verify whether the lawyer was acting as per his instructions and conducting the case. The Delhi court was hearing an application filed by Karnataka Deputy Chief Minister DK Shivakumar, seeking release of certain sheets and digital devices in a money laundering case.

The judge wrote in his order, “Since the counsel for the Education Department (ED) has not explained the reason for seeking adjournment and has only said that he has been asked to do so by higher authorities, I issue notice to the competent Special Director.” I am bound to attend and clarify the stand of the Education Department regarding the present application and verify whether their lawyers are acting as per their instructions and conducting the case in a manner that maintains the dignity of the Court. Special qualified to initiate appropriate action for The director's response is required.”

The court was hearing an application filed by Karnataka Deputy Chief Minister DK Shivakumar, seeking release of certain sheets and digital devices in a money laundering case. The Supreme Court had quashed the criminal proceedings against Shivakumar in this case in March this year.

Special public prosecutor Manish Jain, representing the ED, said they have been directed to give 15 days time to respond to the application. On this, Shivakumar's lawyer argued that the ED was not releasing the material deliberately to harass the applicant.

When ED counsel sought adjournment, the court cited the High Court order and said special courts should list cases at least once a week and no adjournment should be granted unless absolutely necessary. .

The judge said, “This question was put to the LD counsel to inform the court about the urgent need to seek an adjournment, to which the LD counsel (of the ED) responded in a very aggressive and insulting manner. Said in a loud voice, audible to the lawyers present in the courtroom, 'Court ko jaisa lage waisa kar le' (the court can do what it thinks is right),” the judge said.

Judge Singh said, “This Court is surprised as to why the LD lawyer (representing the ED) became so agitated when asked a simple question. This is not an isolated case where the DoE lawyers have behaved in this manner. Have done.”

He also mentioned another case in which the agency had made misrepresentations before the court. He further wrote, “This is not an isolated case where the lawyers of the Enforcement Directorate have behaved in this manner. In the case titled 'Enforcement Directorate vs. Amarendra Dhari Singh and others' in ECIR No. DLZO-1/43/2021, The counsel appearing for the Directorate had made misrepresentations regarding supply of list of uncertified documents.”