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In his petition before the high court, Goyal argued that his arrest and the extension of his custody were carried out without due consideration and in violation of his fundamental rights under Article 21 of the Constitution
The Bombay High Court has rejected the habeas corpus petition filed by Jet Airways Founder Naresh Goyal, challenging his arrest by the Enforcement Directorate in the Rs. 538 Crore Canara Bank Loan Fraud Case.
The judgment was pronounced today by the division bench of the high court, consisting of Justice Revati Mohite Dere and Justice Gauri Godse.
The division bench stated that Goyal's petition could not be entertained by the high court and he could pursue other statutory remedies available to him under the law.
Goyal stands accused of money laundering involving a loan of Rs. 538 crores obtained from Canara Bank. Naresh Goyal is accused of diverting funds borrowed from Canara Bank to his family members in the form of salaries.
The ED initiated proceedings against Goyal based on an FIR filed by the CBI, which was prompted by a complaint lodged by Canara Bank.
The bank's complaint was filed following an external audit conducted for the period spanning 2011 to 2019.
Goyal was arrested by the agency on September 1 and was produced before a special court. The Special Court remanded him to agency’s custody till September 14 after which he was remanded to judicial custody.
In his petition before the high court, Goyal argued that his arrest and the extension of his custody were carried out without due consideration and in violation of his fundamental rights under Article 21 of the Constitution.
The Enforcement Directorate argued before the Bombay High Court that Jet Airways founder Naresh Goyal is highly uncooperative, recalcitrant, evasive and suspicious in his statements.
“That the petitioner was highly uncooperative, recalcitrant, evasive and suspicious in his statements and conducts and therefore the arrest was made in order to proceed the investigation and trace the trail of the proceeds of crime,” the reply states.
In its response, the ED has asserted that Goyal's arrest was carried out in accordance with the established legal procedure.
The reply emphasized that Goyal and his wife were duly informed of the arrest, and an arrest memo, signed by authorized personnel, was prepared in compliance with the law.
The agency's plea also underscored that Goyal is a person of significant influence, intelligence, and resources, suggesting that the alleged crime was meticulously premeditated by him.
The agency filed a chargesheet on November 4 in the FIR registered against Goyal for the diversion of borrowed funds. Special Judge MG Deshpande, upon taking cognisance of the chargesheet filed by the ED, observed that there was prima facie evidence of a substantial diversion of funds by the individuals mentioned in the CBI's FIR.
Case title: Naresh Goyal vs ED
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