Mumbai: The Bombay High Court on Tuesday said his division bench (consisting of two judges), instead of the single judge, will hear the petition submitted by former Minister of Maharashtra Anil Deshmukh’s house against the call issued to him by the Enforcement Directorate (ED) In the case of money laundering.
A judicial bench S Shinde said the objection was raised by the HC registry department that the problem raised in the application must be heard by the ‘true’ division bench.
Justice Shinde directed the registry department to place the Deshmukh petition to hear before the appropriate division bench.
Deshmukh submitted a request earlier this month, trying to cancel five calls issued to him by the Enforcement Directorate (ED).
Last week, when the request came to hear before Shinde’s justice, Indian lawyer General Tushar Mehta, appeared for Ed, who was considered by HC records aimed at the registry department who said that the application must be heard by the division bench.
Vikram Chaudhri’s senior adviser and Nikam anicet advocate, which appeared for Deshmukh, said the single bench had jurisdiction to hear the request.
The court then said it would consider the problem and passed the order.
Ed had initiated an investigation against Deshmukh and his colleagues after the Central Investigation Bureau (CBI) submitted sand against NCP leaders on April 21 on charges of corruption and abuse of official positions.
Deshmukh in his application claiming ED action was the result of political vendetta.
The petition also said that all cases of agency were based on “evil statements” made by police officers who were dismissed by Sachin Waze, who are currently in prison in connection with the case of vehicles that are full of explosives found near Mukesh Ambani’s industrialist residence in February this year and murder after Mansukh Hiran businessman.
“The statement carried out by Waze, a polluted police, was truly wrong and made with the intention of Malafide to slander and frame the Applicant (Deshmukh) with a hidden motive,” said the petition.
Deshmukh denied the claims made by Ed who while serving as Minister of Maharashtra’s house, he misused his official position and through Waze who was collected by Rs 4.70 Crore from various bars and restaurants in Mumbai.
The money was allegedly washed with Shri Sai Shikshan Sanstha based in Nagpur, the education trust controlled by the Deshmukh family.
“All Waze claims gave Rs 4.70 Crore to the Petitioner (Deshmukh) and the same number was transferred by the Petitioner’s family in fact,” said the application.
The petition also said that the number received by Shri Sai Shikshan Sanshtha was a donation before the period where Waze was alleged to have received illegal satisfaction from the bar and restaurant.
“There has never been cash received as illegal satisfaction from the owner of the bar as claimed by Waze,” said the request.
Ed so far caught two people in this case – Sanjeev Palande (additional ranking official collector who worked as a personal secretary of Deshmukh) and Kundan Shinde (Deshmukh personal assistant).
The body last month handed over complaints of prosecution (equivalent to the charging sheet) against the duo before the Special Court.
The CBI has submitted the FIR against Deshmukh after conducting a preliminary investigation into the NCP leader following the order from HC in 5.
April Deshmukh resigned from the position of Minister of State House on April 5, but has repeatedly denied mistakes.