New Delhi / Mumbai: The Directorate of Enforcement (ED) has summoned former Minister of State House Anil Deshmukh and his son Hrishikesh for the fourth time on Monday, a few hours after the Supreme Court on Friday posted his petition to hear in August 3.
The court told the submission answer.
Deshmukh and Hrishikesh have submitted a petition before SC seeking protection from coercive actions in the money laundering case investigated by ED.
Previously, Deshmukh released a video from an undisclosed location stating that his petition was waiting for SC, and based on the results, he would appear before Ed for a statement.
A judicial bench A M Khanwilkar, Krishna Murari and V Ramasubramanian said there was a similar petition submitted by other applicants relating to Section 45 (1) PMLA to put limitations to guarantee.
Section 45 (1) Law has two pre-conditions for guarantees: The Public Prosecutor’s Office has been given the opportunity to oppose the guarantee and court satisfied that reasonable reason is because it believes that the person is innocent for violations, and people cannot commit any crimes Even when with a guarantee.
But the APEX court said it was not constitutional and the government then brought amendments allegedly reviving the provisions.
In the petition filed through the Advocate Avadh Bihari Kaushik, the former minister believes that SC has provided temporary protection to other applicants who challenge the provisions and beg for the same assistance.
“This court, in the same case, especially those related to determining whether the limitations of the twins in the guarantee below Section 45 (1) from the PMLA Stand revived after the amendment conducted in 2018,” the petition, “the Court in Nikesh Tarachand Shah was constrained holding twin conditions below section 45 (1) PMLA becomes unconstitutional.
The amendment was brought in March 2018, which did not explicitly generate or revive twin conditions.
Apart from the clear legal position that after the court hit the same provisions removed from the Law Book Invite, Ed has urged the opposition to guarantees throughout the country so that the twin conditions have been revived and resurrected, “said the petition.
Last month, Ed captured the Deshmukh Private Secretary (office ranking additional collector) Sanjeev Pallande and Kundan Shinde’s personal assistant in this case.
On behalf of Deshmukh, they allegedly coordinated with police officers to raise money illegally from the owner of the bar in the city.
Ed also found that now assistant assistant police inspector Sachin Waze has collected Rs 4.7 Crore from bar owners in the city and gave cash to Shinde.
Furthermore, the son of Deshmukh Rishikesh, with the help of Delhi Hawala’s operator, transferred Rs 4.18 Crore to Nagpur Educational Trust Deshmukh as a donation.