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Synopsis

A division bench of the Bombay High Court comprising Justice Revati Mohite Dere and Justice Sharmila Deshmukh on Tuesday granted two weeks of interim protection from arrest to NCP Leader Hasan Mushrif and asked him to approach Sessions Court for anticipatory bail. 

The high court kept all the contentions open. Court ordered,  "There is an efficacious alternative remedy available to approach the trial court. The petitioner is to approach the trial court with an application of anticipatory bail. Interim relief of 2 weeks is granted. All contentions are kept open."

The high court was hearing a plea filed by the NCP leader in an ECIR registered by the Enforcement Directorate against him in a money laundering case.

Advocate Abad Ponda for Mushrif submitted before the court that even after an order was passed by the high court, summons was issued to Mushrif.

He said, "After adjournment on Friday, 8 cars came to my house and I was not at home but summons was left at my house. The timing is overreaching. This action is taken after protection being granted. We were apprehending this." 

When the division bench questioned Additional Solicitor General Anil Singh if the agency is going to arrest Mushirf, he responded that he cannot make a statement that the agency will not arrest him. He further said that the petitioner has the alternative remedy of filling an anticipatory bail before the sessions court. 

ASG further informed the court that the high court had ordered no coercive action but the court had not stayed the investigation.

Advocate Abad Ponda argued that his case was based on the mala fide way in which ECIR was registered. He said, 

"Question of malafide is the backbone of ECIR. I am pitching my case based on mala fide. Session court cannot decide mala fide under Section 438 of CrPC. Their argument before the sessions court is that anticipatory bail cannot be granted as there is a Supreme Court judgment. Unless the Section 420 case has legs to stand on, ED cannot investigate. Tomorrow my lords, if you quash the FIR then where is the question of arrest for a deposit made 12 years ago? Look at the manner, the next morning and with respect to the same FIR the High Court stayed. Where is the urgency to arrest? You cannot have an uncanny way."

The court was however not convinced by arguments of Ponda and directed him to approach the sessions court for anticipatory bail.
 
As per Mushrif's plea, the Enforcement Directorate is probing a complaint filed before the Registrar of Companies which is being tried by the Special Court. On March 10, 2022, the high court granted interim protection to Mushrif in an FIR registered under Section 420 of IPC. Mushrif had prayed before the court for quashing the case and summons issued to him by the agency. In his plea, he contended that the proceedings were initiated against him with a mala fide motive. 

Case Title: Hasan M Mushrif vs Enforcement Directorate & Anr