Mumbai: The Bombay High Court on Monday questioned the Enforcement Directorate (ED) on why the look out circular (LOC) was still effective against actor-producer Sachin Joshi even after he was discharged in a money laundering case.
A division bench headed by Justice AS Gadkari asked the ED while hearing a plea filed by Mr Joshi challenging the LOC which is still effective against him. He has sought that the same may be withdrawn.
His counsel Aabad Ponda pointed out the guidelines which state that once a person has been discharged from a case, the LOC against him ought to be withdrawn. ED counsel, Hiten Venegaonkar, said that they have filed a revision petition against his discharge, which is listed for hearing on December 20.
The bench remarked that once a person is arrested, the LOC has to be deleted. Today there is nothing,there was an arrest, there was bail and there is a discharge. You cannot wait in anticipation that the discharge will be reversed, said the bench.
Justice Gadkari further remarked thatMr Joshi wasnot an accused as he has been discharged and no case remains against him. The LOC is issued against a person who is not even a suspect, the judge added. To this, Venegaonkar pointed out that Mr Joshi could first approach the special court.
Justice Gadkari asked, "Assuming the discharge order is set aside, there is an arrest and there is bail. The LOC should be cancelled. All of this is only for want of an application?” The HC has kept the matter for hearing on Dec 21.
