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Synopsis

A single-judge bench of the Bombay High Court comprising Justice Anuja Prabhudesai on Thursday granted interim relief from arrest to former Cabinet Minister and NCP leader Hasan Mushirf in a money laundering case filed against him by the Enforcement Directorate. 

This came after a Special Court on April 11 rejected the anticipatory bail plea filed by the NCP leader. The Special Court while rejecting the pre-arrest plea had granted 3 days to Mushrif to approach the High Court.

When the plea came up for hearing before Justice Anuja Prabhudesai, Additional Solicitor General Anil Singh sought time from the court to file a reply after which the court granted interim relief to the NCP leader. 

The agency had lodged an ECIR against Mushrif based on a complaint filed with the Kolhapur Police by the Registrar of Companies related to the allotment of shares to the farmers against the deposit of Rs 10000 collected from each farmer. 

It was alleged that the money collected from 40000 farmers was diverted to various companies belonging to the three sons of Hasan Mushirf which the agency claimed were shell companies.

In his plea, Hasan claimed that he was being targeted for political rivalry by BJP leader Kirit Somaiya.

"The manner in which the complaint is registered clearly indicates malafide intent and the applicant (Mushrif) apprehends that the complaint would be used to put him behind bars in order to achieve oblique political conspiracy," the plea stated.

The plea also stated that the ECIR does not reflect the proper application of mind.

"ECIR seems to be motivated and does not reflect proper application of mind as not a single document on record prima facie establish that, offence u/s 447 of the Companies Act or offence under Section 420 of the Indian Penal Code, 1860 is made out," the plea read.

Case Title: Hasan Mushrif vs Enforcement Directorate