NEW DELHI/MUMBAI: Enforcement Directorate (ED) has summoned former state home minister Anil Deshmukh and his son Hrishikesh for the fourth time on Monday, few hours after Supreme Court on Friday posted his petition for hearing on August 3. The court told ED to file its reply.
Deshmukh and Hrishikesh had filed a petition before SC seeking protection from coercive action in the money-laundering case investigated by ED. Earlier, Deshmukh released a video from an undisclosed location stating that his petition was pending before SC, and based on its outcome he would appear before ED for a statement.
A bench of Justices A M Khanwilkar, Krishna Murari and V Ramasubramanian said there were similar petitions filed by other petitioners pertaining to Section 45(1) of PMLA for putting limitations for granting bail. Section 45(1) of the Act has two pre-conditions for bail: the public prosecutor has been given an opportunity to oppose bail and the court is satisfied that reasonable grounds exist for believing that the person is not guilty of the offence, and the person is not likely to commit any crime while on bail.
But the apex court declared it unconstitutional and government subsequently brought an amendment which allegedly revived the provision. In the petition filed through advocate Avadh Bihari Kaushik, the former minister contended that SC had granted interim protection to other petitioners who challenged the provisions and pleaded for the same relief.
“This court, in similar matters, especially relating to determination on whether twin limitations on bail under Section 45(1) of PMLA stand revived post the amendment carried out in 2018,” the petition said, “'This court in Nikesh Tarachand Shah case categorically held the twin conditions under Section 45(1) of PMLA to be unconstitutional. An amendment was brought in March 2018, which did not explicitly resurrect or revive the twin conditions. Despite the clear position of law that once a court strikes down a provision the same is erased from statute book, ED has been urging opposition to bail across the country that such twin conditions have been revived and resurrected,” the petition said.
Last month, ED arrested Deshmukh’s private secretary (additional collector rank office) Sanjeev Palande and personal assistant Kundan Shinde in the case. On behalf of Deshmukh, they were allegedly coordinating with police officers to collect money illegally from bar owners in the city. ED also found that now dismissed assistant police inspector Sachin Waze had collected Rs 4.7 crore from bar owners in the city and gave the cash to Deshmukh through Shinde. Subsequently, Deshmukh’s son Rishikesh, with the help of Delhi hawala operators, transferred Rs 4.18 crore to Deshmukh’s Nagpur educational trust as a donation.
