Anil Deshmukh moves Bombay HC challenging arrest by CBI – Hindustan Times

Mumbai: Former home minister Anil Deshmukh has moved the Bombay high court challenging the PMLA court’s order allowing the Central Bureau of Investigation (CBI) to take him in custody and the special CBI court’s orders granting his custody remand to the central agency in connection with the corruption case registered against him.

The 73-year-old NCP leader has claimed in his petition that “the entire process smacked of malice in law and a gross abuse of the process of law.”

Deshmukh, who was arrested by the CBI on April 6, has prayed for the quashing of the March 31 order of the special CBI court, requesting the special PMLA court to hand over his custody to the CBI. He has also questioned the April 1 order of the special PMLA judge, in whose custody Deshmukh was, directing the Arthur road jail to hand over the custody to CBI officials.

In the petition, filed through advocate Aniket Nikam, Deshmukh claimed, “That the impugned proceedings spell a death knell to the fundamental rights guaranteed to the applicant under Article 21 of the Constitution of India.”

He has contended that the procedure adopted by CBI in seeking Deshmukh’s custody and the order passed by the courts were unsustainable and cannot stand the test of law, equity or justice.

The petition added that there is no legal provision which enables one court to make such a request to some other court and the other court to act on such an administrative request and grant custody of an accused in its custody.

The former home minister of Maharashtra was first arrested by the Enforcement Directorate (ED) on the allegations of money laundering on November 2. After the initial period of CBI custody remand, he was in judicial custody of the special PMLA court and lodged at Arthur Road jail.

“The PMLA court while giving the custody of the applicant for investigation in another case proceeded without following any procedure or any provisions under CrPC. No opportunity was even afforded to the applicant or his counsel,” said Deshmukh’s petition. “The court has virtually acted as a post office while handing over the custody to respondent CBI.”

The CBI case is based on the allegations of corruption levelled by former Mumbai police commissioner Param Bir Singh. In a letter written to Maharashtra chief minister Uddhav Thackeray on March 20, 2021, Singh had alleged that Deshmukh had instructed certain Mumbai police officers, including assistant inspector Sachin Vaze, to collect an amount of ₹100 crore every month from Mumbai’s restaurants and bars.