Bombay High Court Seeks ED Response On Anil Deshmukh’s Plea To Halt PMLA Trial 

Mumbai: The Bombay High Court on Wednesday issued notice on a plea filed by former Maharashtra Home Minister Anil Deshmukh, who has sought a temporary stay on the framing of charges in the money laundering case registered against him.

According to a report by Live Law, Single-judge Justice Ashwin Bhobe issued notice to the Enforcement Directorate (ED), represented by Additional Solicitor General Anil Singh, and directed the agency to file its affidavit in response to the plea. The court posted the matter for detailed hearing on June 18.

Appearing for Deshmukh, senior advocate Vikram Chaudhary argued that the special court under the Prevention of Money Laundering Act (PMLA) ought to first adjudicate the corruption case registered by the Central Bureau of Investigation (CBI), which constitutes the predicate offence, before proceeding with the ED case.

Chaudhary submitted that while the CBI initiated its probe based on three allegations, it has so far filed a chargesheet only with respect to one, allegedly directing dismissed police officer Sachin Waze to collect Rs 100 crore from bars and restaurants in Mumbai. The investigation into the remaining allegations, he said, is still underway.

In contrast, the ED has clubbed all three allegations and completed its probe, with the special court now moving towards framing of charges, reported Live Law. Chaudhary contended that if charges are framed in the ED case at this stage, Deshmukh would be deprived of his right to seek discharge in the predicate offence.

Citing the Supreme Court’s ruling in the Vijay Madanlal Choudhary Case, the counsel argued that proceedings under the PMLA are intrinsically linked to the predicate offence. He further submitted that while the ED case may proceed alongside the predicate offence, it cannot be concluded in its absence.

Opposing the plea, ASG Singh argued against the grant of interim relief. However, the court observed that since the plea seeks a stay on trial proceedings, it warrants a comprehensive hearing.

According to the ED, Deshmukh allegedly received Rs 4.7 crore in illegal gratification between December 2020 and February 2021 through Waze. He was arrested in November 2021 and later granted bail in both the ED and CBI cases in 2022.

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