MUMBAI: Justice S K Shinde of Bombay high court on Tuesday directed that a quashing petition filed by ex state home minister Anil Deshmukh against summons issued by Enforcement Directorate (ED) for appearance before the agency will have to be heard by a division bench of two judges, and not a single judge bench where he had filed it.
Most directions Deshmukh sought have to be heard by the division bench, HC said. Although rules governing how matters are heard or which type of bench-—strength of bench—that hears it do empower a single judge to decide applications under section 482 of Code of Criminal Procedure (inherent powers of HC to quash proceedings or pass orders to secure ends of justice and prevent abuse of judicial process). He had challenged validity of five ED summons to him in a May 11 case under the Prevention of Money Laundering Act (PMLA).
Deshmukh also wants the HC to restrain ED from arresting or taking any coercive steps against him and to comply with certain provisions of the PMLA, permit him to appear through an authorized representative and permit him to submit the applicant’s statement through electronic mode.
The HC directed the registry to place Deshmukh’s application before the division bench as per roster.
