Ex-Maha minister Anil Deshmukh's ED custody extended till Nov 15

MUMBAI: A special court on Friday extended till November 15, the Enforcement Directorate (ED) custody of State’s former home minister Anil Deshmukh who was arrested on November 2 in an alleged money laundering case.

The ED seeking Deshmukh’s custody for three days said "certain facts have emerged regarding the involvement of accused Anil Deshmukh in transfer and postings of police officials in Maharashtra including Mumbai. It said the facts emerged while the agency was recording his statement and his continued custody and interrogation is "essential to unearth the truth".

The Central agency through its counsel Shreeram Shirsat also submitted that it needs to confront Deshmukh with a private individual who resides in Navi Mumbai and had "handled certain prestigious projects” in the NCP leader’s constituency and had been regularly visiting Deshmukh’s official residence.

Deshmukh is a Member of Legislative Assembly (MLA) from Nagpur. He said during the course of recording Deshmukh’s statement certain new facts emerged and hence it has issued summons to the private person for his appearance on November 13. To a query from the Judge if he resides or has received summons at the Navi Mumbai address, Shirsat said he did.

The ED also said "another accused Sachin Waze (dismissed assistant police inspector) has a significant role in this money laundering case as he played a key role in collecting the illegal gratification from the bar owners of Mumbai" on Deshmukh’s "direction".

On November 5, ED’s request to record Waze’s statement was denied by a local court and now ED plans to file a fresh plea before the designated National Investigation Agency (NIA) court to record Waze’s statement and based on what emerges it wants to confront Deshmukh with facts that may arise from Waze.

Deshmukh’s senior counsel Vikram Chaudhri with advocate Aniket Nikam said the ED appears to be displaying "double standards” asking "why has it not arrested Waze yet? "Has ED issued summons to Param Bir Singh. He has three Non bailable warrants against him and is close to being declared an absconder," said Chaudhri. He blistered at the "unfair" actions of the ED. Chaudhri said, "My client has always been in public space his entire adult life. He wanted to dispel any belief of his non-cooperation and has cooperated with the ED."

Chaudhri said Deshmukh used his legal remedy to file a quashing petition which he did but which the Bombay high court dismissed. The HC had given him liberty to seek pre-arrest bail and the Additional solicitor general for ED had said Deshmukh was still a "suspect", but when Deshmukh responded to the summons, on November 1 the agency took him in custody.

Chaudhri said, "This is a ridiculous proceeding. The department thinks they are privileged and can do what they want. We have given more than fair cooperation. This (ED’s remand plea) amounts to over-reaching…today on what ground can they take him in custody? Out of 14 accused only two others have been arrested."

Chaudhri added, "the ends cannot justify the means" saying, "All is not fair here." Now saying that a private person is being summoned and Waze’s statement is being sought " is just a ruse to keep me (Deshmukh) in custody." Argued Chaudhri seeking his judicial custody instead.

In a rebuttal, Shirsat said, "Should the department turn a blind eye if new facts emerge?" asking the Court to "Please see the statement of Waze dated November 10."

The special Judge dictating his order then said the ED’s effort shows its sincere attempt to investigate the offence and based on ED submissions extended Deshmukh’s remand. By November 15, the entire legally permissible 14-day police custody would be over.

Singh the former Mumbai police chief had written a letter to the Maharashtra Chief Minister in March 2021 against alleged ‘corrupt malpractice’ by Deshmukh.

The letter and a complaint based on it led to a Bombay high court directed preliminary enquiry by CBI and subsequent first information report (FIR) under Prevention of Corruption Act against him and unknown others on April 21 and on May 11 the ED case.