Agencies like CBI, ED, the RBI, and even the judiciary must act independently and impartially because if they do not then the very democracy is threatened, observed the Bombay High Court on Thursday while granting interim protection to NCP leader Eknath Khadse, who is booked in a 2016 land grab case.
A bench of Justices Sambhaji Shinde and Manish Pitale further questioned the ED whether heavens would fall if Khadse is given interim protection for some more time.
"Will heavens fall if he (Khadse) is given interim protection for some more time? We are always of the opinion that agencies like the CBI, ED and the RBI and even the judiciary must function independently and impartially," Justice Shinde remarked, adding, "Otherwise, the very democracy is threatened."
The strong observations were made after senior counsel Abad Ponda for Khadse urged the bench to protect his client from any coercive action.
At this, ASG Anil Singh for the ED told the judges that the agency wouldn't act against Khadse till Monday.
Further, Ponda told the judges that his client, who has left the BJP last year, had recently appeared before the ED to get his statements in the case recorded.
To this, the judges noted that Khadse has been "cooperating" with the agency.
"We ask a question to ourselves why arrest someone, who is cooperating with the probe and honouring the summons? The applicant (Khadse) has honoured the summons and appeared before the agency," the bench noted.
"We do understand (need of arrest) in cases wherein the accused doesn't cooperate," the judges added.
Notably, the ED has claimed that Khadse used his position when he was a minister and purchased land for over Rs 3 crore. And later sought huge compensation from the MIDC, which had acquired the said land for some developmental project.
According to the ED, Khadse along with his wife and son-in-law laundered money and caused loss to the public exchequer up to the tune of Rs 62 crores.
On the other hand, Khadse has claimed that his wife and son-in-law purchased the land parcel from its original owner and the entire process was as per the due procedure of law.
The matter would be next heard on Monday.
