New Delhi: Delay Application for former Minister of Maharashtra Anil Deshmukh for temporary protection from the arrest in the case of money laundering filed by the Enforcement Directorate, the Supreme Court on Friday agreed to hear it on 3.
Khanwilkar bench, Krishna Murari and V Ramasubramanian said that this case would be registered With many other similar petitions related to Section 45 (1) Prevention of Money Laundering Law (PMLA), which provides limitations of guarantees.
Section 45 (1) of the law mentions two pre-conditions for guarantees, unless the public prosecutor has been given the opportunity to oppose the bail application; And two, the court is satisfied that the land that makes sense there is to believe that the person is innocent for violations, and the person will not commit any crime when a guarantee.
A few years ago, The Apex Court had declared it was not constitutional, but the government then brought amendments to the law, which allegedly revived these provisions, in 2018.
In his petition submitted through the Advocate Avadh Bihari Kaushik, Maharashtra’s former Minister of Maharashtra believes that Apex Court has provided temporary protection to other applicants who have challenged the provisions, and requested the same assistance.
“This court is in similar things, especially those related to the determination whether the limitations of the twin in the guarantee below Section 45 (1) PMLA stand revived after the amendment carried out in 2018,” said the petition.
This adds that the court in the case of Nikesh Tarachand Shah categorically holds a twin condition below Section 45 (1) PMLA becomes unconstitutional.
“Amendments afterwards were taken in March 2018, which did not explicitly evoke or revive the twin conditions.
Apart from the clear legal position that had been a court hit a provision of the same removed from the book, the enforcement directorate had urged conflicting with guarantees throughout The country that the condition of the twins has been revived and resurrected, “.
Meanwhile, the Directorate of Enforcement issued a new summons to the leader of the Nationalist Congress Party and his son on Friday to appear before next week in connection with the investigation of money laundering cases, the official source said.
The 71-year-old NCP leader and his son Hrishikesh Deshmukh had been asked to move to an investigative officer case on August 2 at the Ed office in South Mumbai.
This is the fourth call for Anil Deshmukh.