The Bombay High Court on Monday sought to know from the Enforcement Directorate if it would proceed to arrest any person, named in a case before the agency, despite him or her willing to cooperate.
A bench of Justices Sambhaji Shinde and Manish Pitale also sought to know if the agency would arrest or not, an individual, who while cooperating with the probe, refused to answer certain questions.
The bench was seized with the plea filed by ace politician and NCP leader Eknath Khadse, seeking protection from arrest at the hands of the ED in a 2016 land grab case.
Having been asked to answer the queries, additional solicitor general Anil Singh told the judges that the question to arrest a person arises only at the time of the interrogation.
The ASG said at present, Khadse is only summoned for interrogation. "To arrest or not would be at a later stage. It would solely depend on the nature of answers, one gives," Singh said.
"At present, the case is at the stage of collection of evidence," Singh added.
The matter would be next heard on Tuesday.