Thread by @LawBeatInd

Special PMLA Judge M.G Deshpande came down heavily on the Enforcement Directorate in its order granting bail to Sanjay Raut and Pravin Raut in the Patra Chawl Scam
@rautsanjay61 @dir_ed #pmla

The order stated that the object of PMLA is confiscation and not illegal arrest of the and detention of the arresttee for an uncertain period.
@rautsanjay61 @dir_ed

High Level Government Official and MHADA official were involved, however none of them were made accused or arrested. Further, the conduct of the MHADA official was suspicious since 2007 but none of them arrested.
@dir_ed @rautsanjay61

ED has not arrested Rakesh (accused no. 1) and Sarang (accused no.2) even after they committed crime of 1039 crore and have been arrested before in different crimes. However the ED did not arrest them till date and let them scot free.
@rautsanjay61 @dir_ed

On the other hand, ED arrested Pravin Raut (A3) purely for a civil dispute which is not any Scheduled Offence and Sanjay Raut(A5) for no reasons.
@rautsanjay61 @dir_ed

All this prima-facie indicates that the extreme and exceptional powers of arrest, ED Investigating Officers have used very casually in utter disregard to Sec.19 of the PML Act which is very serious in the background of repeated guidelines of the Supreme Court in respect of arrest

ED took 1 1/2 months to file to reply to bail application and simple applications made by the accused. ED did not let Sanjay raut move inside his house while conducting raid and arrested him at 12:35 AM in contravention the Arnesh Kumar guidelines of Supreme Court.
@rautsanjay61

ED kept Sanjay Raut behind four walls without ventilation despite knowing that the accused had gone through two angioplasty and had 6 stents.
@rautsanjay61 @dir_ed

ED arrests people at extraordinary pace and coducts trial not even at snail's speed.The Court noted that,
"It appears that ED knows only Ss.19 and 45 of the PML Act, but forgets that there is a provision for trial of an offence under PML Act as per Sec.44 thereof."
@rautsanjay61

Time has come to make ED aware of Sec.44 of the PML Act and this Court is duty bound to do so in view of the oath it has taken to work without fear and without favour.
@rautsanjay61
@dir_ed #pmla

Simply labeling pure civil disputes with "money-laundering" or "an Economic Offence" itself cannot automatically acquire such status and ultimately drag an innocent person in a .....
@rautsanjay61
@dir_ed

miserable situation in the guise of arrest under Sec.19 and stringent twin conditions of Sec.45(1)(i) (ii) of the PML Act.
@rautsanjay61 @dir_ed

It is clear how Pravin Raut (A3) is arrested for a pure civil litigation, whereas Sanjay Raut (A5) for no reason. This truth is glaring. The Court is under legal obligation and duty to find out truth even at the stage of bail.
@dir_ed @rautsanjay61

The Hon'ble Supreme Court time and again laid down, "Truth is the guiding star. Criminal trial is voyage of discovery of truth. The truth alone triumphs and every endeavour has to be made by the Court to discover the truth and make justice."
@rautsanjay61 @dir_ed

If the Court still accepts contention of ED and MHADA and further rejects the bail applications of Pravin Raut (A3) and Sanjay Raut(A5) that will amount putting premium on such pick and choose strategies of the Agency.
@dir_ed @rautsanjay61

Certainly in that event any common man innocent and honest people, will loose faith and confidence which they have reposed in the judicial system as a temple of justice. Here the judicial principles which guide the Court cannot be ignored.
@rautsanjay61
@dir_ed

Like the laudable object of the PML Act casting duty on the Court to safeguard it, equally the court is protector of rights of accused and innocent persons who are illegally arrested.
@rautsanjay61 @dir_ed

The Court cannot become predator of such valuable rights of the accused, but is duty bound to be a protector thereof as laid down by the Hon'ble Supreme Court. If the Court ignores this aspect, where the people will go for justice?
@rautsanjay61 @dir_ed