Mumbai: During the hearing for protection from arrest for NCP leader Hasan Mushrif’s three sons, his advocates argued before a special court that the proceedings in the scheduled offence in the case being stayed by the Bombay High Court, based on which the money laundering offence is lodged, there is no need of arresting them. The Enforcement Directorate (ED) is probing a money laundering offence in connection with a sugar mill in Kolhapur of which they are directors.
Appearing for the accused, advocates Amit Desai and Prashant Patil told the court that by a detailed order of March 2 last year, the Bombay High Court had stayed the proceedings in an offence under the Companies Act before a Pune special court and observed that there is no prima facie case. They told the court that if the proceedings are later quashed, as per an apex court ruling that holds that if the scheduled offence no longer exists, the proceedings under the Prevention of Money Laundering Act (PMLA) will not stand, the present proceedings too may not continue.
To this, the ED, told the court that the matter regarding the scheduled offence will be heard before the HC on Mar 9. The lawyers for the accused sought an earlier hearing. The court will hear the matter on Monday.
The Assistant Registrar, Registrar of Companies filed a private complaint before a Pune magistrate court for violations under the Companies Act. Simultaneously, a complaint was registered by the same authority before a Pune special court and the special court had summoned them by an order. Mushrif’s sons had moved the Bombay HC for the order to stay the proceedings before the special court.
