Mumbai: In a setback for Enforcement Directorate (ED), the Bombay High Court on Wednesday refused to suspend the bail granted to Shiv Sena MP Sanjay Raut in the alleged money laundering case.
Within hours of the special PMLA court granting bail to Raut and his close aide Pravin Raut, ED approached the HC seeking cancellation of their bails.
Justice Bharti Dangre, while refusing to suspend the bail, said that she cannot pass such an order without hearing the other side.
“I Can’t stay the (bail) order in such a manner. Show me any (earlier) order where bail order has been stayed without giving a hearing,” said justice Dangre. “I have not even looked into the order (of special court) on which grounds the bail has been granted and the grounds on which you(ED) have challenged it.”
The court has kept ED’s plea for hearing on Thursday.
Additional solicitor general Anil Singh, appearing for ED, urged the court to suspend the order till the hearing on Thursday.
However, the court refused saying that in case it was concluded that the bail needs to be cancelled then they can always be taken back in custody. “If after hearing, I pass an order cancelling the bail then the accused persons can be taken back in custody," Justice Dangre said.
The court was informed that the special court heard the bail pleas for over a month.
“Sessions court took one month. You (ED) expect me to pass an order in a day. This will be an injustice to you and to them (Raut and Pravin),” remarked the judge.
Aabad Ponda, counsel for Pravin Raut, said that there was no apprehension of the duo absconding since there are sufficient conditions imposed by the special court to ensure that they don’t run away. “One was a sitting MP, who was arrested recently. The other has been in custody for some time now. They Have roots in society. Today it would be a travesty of justice to stay the grant of bail,” said Ponda.
The ED then Requested the court to keep the matter for hearing first on board on Thursday. Declining to entertain the request, justice Dangre said that she has other matters for hearing too.
“I Have other matters also. I don’t want to keep others waiting for 2-3 days,” she said adding: “In any case, Mr Singh don’t except that the hearing will be over by tomorrow.”
The ED had arrested Sanjay Raut for his alleged role in financial irregularities in connection with the redevelopment of the Patra Chawl (row tenement) in suburban Goregaon.
Raut claims that case against him was "abuse of power" and "political vendetta"
The Sena MP had in his bail plea claimed the case against him was a perfect example of "abuse of power" and "political vendetta". However, the central probe agency had opposed the politician's plea, saying he played a major role in the money laundering case related to the Patra Chawl redevelopment and acted "behind the curtains" to avoid the money trail.
The ED's probe pertains to alleged financial irregularities in the redevelopment of the Patra Chawl and related financial transactions involving Sanjay Raut's wife and associates.
Siddharth Nagar, popularly known as the Patra Chawl, in Goregaon is spread over 47 acres and houses 672 tenant families.
What was the case
In 2008, the Maharashtra Housing and Area Development Authority (MHADA), a government agency, assigned a redevelopment contract for the Chawl to Guru Ashish Construction Private Limited (GACPL), a sister company of the Housing Development and Infrastructure Ltd (HDIL).
The GACPL was supposed to build 672 flats for the tenants and also give some flats to MHADA. It was free to sell the remaining land to private developers.
But the tenants did not get a single flat in the last 14 years as the company did not redevelop the Patra Chawl and sold land parcels and Floor Space Index (FSI) to other builders for Rs 1,034 crore, as per the ED played a major role in the money laundering case.
