The Bombay High Court Friday directed a judicial inquiry to probe how BJP Leader Kirit Somaiya procured a copy of the order passed by the sessions judge issuing process (initiating criminal proceedings) in a case against NCP leader Hasan Mushrif, despite Somaiya not being a party to the said proceedings.
Judges directed enquiry on the incident
A division bench of Justices Revati Mohite-Dere and Sharmila Deshmukh asked the Principal District Judge, Pune, to conduct the inquiry as to how said order was made available to Somaiya on the same day and submit a report inform about the same on the next date of hearing on April 24.
The judges have also asked the Additional Public Prosecutor Jayesh Yagnik to file an affidavit explaining how Somaiya got the FIR copy and if it was uploaded on the government website and when it was done.
Meanwhile, the high court has directed that no coercive action be taken against Mushrif till further orders.
Mushrif filed a petition asking to revoke a registered case
The HC was hearing a petition filed by Mushrif seeking quashing of an FIR registered against him in Kolhapur on charges of cheating, stating that there was a “deliberate attempt” to take action against him in Enforcement Directorate (ED) cases.
On February 23, an FIR was registered in Kolhapur’s Murgud police station against Mushrif on a complaint filed by one Vivek Kulkarni.
Seeking quashing of the FIR, the plea states that it was nothing but a “motivated conspiracy. His plea alleges that Somaiya has been making false and frivolous allegations against him and in fact predicting the actions taken by various law enforcement agencies especially the ED, with an oblique intention of getting him arrested in any manner possible.
ED asked to begin their investigation
Mushrif stated that initially a case was filed before the Pune Sessions court under the Companies Act, where summons were issued to his sons. The petition states that an attempt was made to treat this case as a ‘scheduled offence’, as is required for the ED to begin its probe on alleged money laundering.
Since the proceedings under the Companies Act were stayed by the High Court, an attempt was being made through the FIR filed in Kolhapur “to create” another scheduled offence for the ED to continue its probe, stated his plea.
The FIR in Kolhapur alleged that in 2012, an appeal was made by Mushrif through meetings and newspapers and Rs 10,000 was collected from many individuals as share capital. Those individuals were to be entitled to get 5 kg sugar each month at a nominal rate along with other benefits. The complainant alleged that no share certificates were issued to anyone in lieu of the amount, nor were they made shareholders.
