Bombay HC rejects Anil Deshmukh’s plea

Facing charges of corruption and misuse of office, former Maharashtra home minister and senior NCP leader Anil Deshmukh received yet another jolt when the Bombay High Court dismissed his plea seeking quashing of summons issued by the Enforcement Directorate.

The court, however, granted liberty to 72-year-old Deshmukh, a veteran politician, to move a competent court seeking relief under Section 438 CrPC for protection from arrest.

“To conclude, the applicant has failed to make out a case under section 482 CrPC and for no coercive action against the applicant. Like any other person apprehending arrest, he shall approach the competent court under section 438 of CrPC,” a division bench of the Bombay High Court comprising justice Nitin Jamdar and justice Sarang Kotal said.

‘The applicant failed to make out a case to quash the summons,” the bench stated.

Meanwhile, the Bombay High Court has partially allowed his prayer to permit his lawyer to remain present during interrogation. “Applicant’s lawyer can remain present at a visible distance but beyond audible range during questioning,” it stated.

Deshmukh sought quashing of summons and interim protection from coercive action while apprehending arrest under the provisions of the Prevention of Money Laundering Act (PMLA).

Deshmukh was represented by senior counsel Vikram Chaudhri and advocate Aniket Nikam.

Additional solicitor general Aman Lekhi, who represented the ED, had opposed the plea.

The ED had issued five summons asking Deshmukh to join investigations, however, he had failed to appear.

The senior politician from Vidarbha had to resign from the Uddhav Thackeray-led Maha Vikas Aghadi government after former Mumbai Police commissioner Param Bir Singh - who is now untraceable - alleged that the minister has fixed a Rs 100 crore per month collection target for now dismissed assistant police inspector Sachin Vaze.

It may be mentioned that Vaze has been arrested by the National Investigation Agency (NIA) in the twin cases of planting of a gelatin sticks-laden Mahindra Scorpio near Antilia, the residence of Reliance Industries Ltd chairman Mukesh Ambani and the murder of the SUV owner Mansukh Hiran slapping and faces murder and terror charges.

Deshmukh, his wife Aarti Deshmukh and their son Hrishikesh Deshmukh had so far not appeared before ED.

Deshmukh, however, had been grilled by the CBI.

It may be mentioned that the ED had arrested Deshmukh’s personal secretary Sanjeev Palande and personal assistant Kundan Shinde - and they have been chargesheeted by the ED, which has also attached properties to the tune of Rs 4.20 crore which are linked to Deshmukh and his family.