Thread by @LiveLawIndia

Bombay High Court is hearing NCP leader and former Maha Cabinet Minister HASAN MUSHRIF's plea to quash ED's money laundering case.

#BombayHighCourt #HasanMushrif @dir_ed

Hearing before a bench of Justices Revati Dere and Sharmila Deshmukh.

Earlier the court granted relief to Mushrif in another FIR against him and directed no-coercive action.

Senior Advocate Abad Ponda for Mushrif says that high court had stayed proceedings in the predicate offence

Ponda says Mushrif's premises were searched a day after HC's order.

ASG Anil Singh says that if Mushrif wants protection he can file for anticipatory bail. He cannot seek protection from arrest under the guise of quashing proceedings

Anil Singh says that only investigation is on and he can file an ABA.

#ED

Court asks whether ED intends to arrest Mushrif.

ASG: We cannot say now...

Ponda - 1. A sessions court cannot decide malafides'. ED contends in the sessions court that anticipatory should not be granted in such cases.

2. EDs investigation is not independent. It is dependent on the scheduled offence. The circumstances under which the FIR was registered...

I am just saying "no coercive"

Ponda - 1. A sessions court cannot decide malafides'. ED contends in the sessions court that anticipatory should not be granted in such cases.

#BombayHighCourt #ED #HasanMushrif

2. EDs investigation is not independent. It is dependent on the scheduled offence. The circumstances under which the FIR was registered...

#BombayHighCourt #ED #HasanMushrif

Ponda - Where is the urgency to arrest? If the ED is not making a statement, please protect me.

#HasanMushrif #ED #BombayHighCourt

Ponda - 1. Malafides' is already under judicial scrutiny of this court. Same FIR is being investigated, it is only fair that he is granted relief...

2. In advance ED was being met..

#HasanMushrif #ED #BombayHighCourt

J Sharmila Deshmukh to ED - Once we have taken a view as far as malafides' are concerned in one FIR can we take a completely contrary view now?

#HasanMushrif #ED #BombayHighCourt

ASG Anil Singh submits that there is an alternative remedy (ABA) and the petitioner should use that.

Cites and judgement where relief was sought on identical grounds and rejected.

#HasanMushrif #ED #BombayHighCourt

Singh says the sessions court has been entertaining ABA.

In an ABA J Khanvilkar's bench recently held that twin conditions would apply.

#HasanMushrif #ED #BombayHighCourt

J Dere - Our question rests on the fact that once we have made the prima facie observations in the other FIR then what happens. Because your case rests on the other case.

#HasanMushrif #ED #BombayHighCourt

Anil Singh - Can we not investigate?

J Dere suggests that the court will allow Mushrif to use the alternative remedy till then.

Ponda says malafides' can only be established in HC.

#BombayHC #HasanMushrif #ED

J Sharmila Deshmukh says that the Madras HC has held that ED cannot investigate once an order of no-coercive is passed in the predicate offence.

Singh - That wasn't upheld in the SC.

#BombayHC #HasanMushrif #ED

Ponda submits that under 438 of CrPC, the Sessions Court will only see the gravity of the offence.

Dere - We will observe what you have argued.

#ED #BombayHighCourt #HasanMushrif

Ponda - My submissions are these, To argue that ABA is an efficacious remedy is not accurate.

Ponda says that the judgement ED is relying on for alternate remedy is different.

#ED #BombayHighCourt #HasanMushrif

J Dere - We will protect you for two weeks to approach the Sessions Court. We will keep all contentions open.

#ED #BombayHighCourt #HasanMushrif

Adv Nilesh Ojha tries to intervene and objects to J Dere hearing the case without filing an application on record.

J Dere - We will not allow you, and we will not allow ourselves to be intimidated by anybody.

#HasanMushrif

Order

Petition is filed. No coercive action is sought...The petitioner to appraoch the trial court. We protect him for two weeks...We have not gone into the merits of the petition and all contentions are kept open.

#BombayHighCourt