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Bombay HC remands Anil Deshmukh in ED custody till November 12; sets aside judicial custody order

When he was produced before the special court on Saturday, the ED had sought further custody, but the court refused and sent him in judicial custody
Last Updated 07 November 2021, 10:14 IST

The Bombay High Court on Sunday set aside a special court order remanding former Maharashtra’s former home minister and senior NCP leader Anil Deshmukh to judicial custody and sent him in the Enforcement Directorate's (ED) custody till November 12 in a money laundering case.

Deshmukh was arrested on the intervening night of Monday-Tuesday and the Mumbai Sessions Court -- during a holiday sitting -- had sent him to ED custody till Saturday.

However, in the second remand appearance, the ED requested nine more days of custody which was rejected by the Mumbai Sessions Court and Deshmukh was sent to judicial remand till November 19.

On Sunday, the ED moved the Bombay High Court against the order granting judicial remand which was heard by the vacation bench of Justice Madhav Jamdar.

In a revision application, ED said the special court, by remanding Deshmukh to judicial custody, had denied the agency sufficient and adequate opportunity to investigate a case that has "wide and serious ramifications". The agency said it could interrogate Deshmukh only for five days, of which two were holidays (Diwali).

“The sessions judge (special court) ought to have appreciated that the investigation in cases of colossal frauds and money laundering, like the present one, cannot be expected to be completed within a short span of time,” the application said.

A sufficient opportunity needs to be given to the investigating agency to probe the entire gamut of the case, so that it can collect sufficient quality evidence which will help to go to the root of the matter, it added.

Deshmukh’s counsel Vikram Chaudhri and advocate Aniket Nikam appeared in court while ED was represented by Additional Solicitor General Anil Singh assisted by advocate Shreeram Shirsat.

Chaudhri and Nikam told the court that while they were opposing the plea on merits and maintainability, the NCP leader has consented and volunteered to be interrogated by the ED.

The ED in its application sought Deshmukh's custody for nine days, but his counsel Chaudhri told the court that they were agreeable only for four-day custody.

Justice Jamdar said since Deshmukh's advocates have agreed to the ED's custody, it was not going in detail on the aspect of legality of the special court's order. The HC then remanded Deshmukh to the ED's custody till November 12.

The ED said it wants to now confront Deshmukh with dismissed cop Sachin Vaze and others, including the NCP leader's family members like his sons Hrishikesh Deshmukh and Salil Deshmukh and his chartered accountant.

(With PTI inputs)

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(Published 07 November 2021, 08:13 IST)

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