Bombay High Court Issues Notice To ED On Anil Deshmukh's Plea Seeking Stay On PMLA Trial

The Bombay High Court on Wednesday issued notice on a plea filed by former Maharashtra Home Minister Anil Deshmukh, who has sought a temporary stay on the framing of charges in the money laundering case lodged against him.

Single-judge Justice Ashwin Bhobe issued notice to the Enforcement Directorate (ED), which was represented by Additional Solicitor General Anil Singh.

Notably, Deshmukh through senior advocate Vikram Chaudhary has urged the court to issue a directive to the special court under the Prevention of Money Laundering Act (PMLA) to first consider dealing with the case lodged against him by the Central Bureau of Investigation (CBI) on allegations of corruption, which is the 'predicate offence.'

Chaudhary told the judge that the CBI had initiated probe with regards to three primary allegations but then filed its chargesheet only in respect of first allegation i.e. he instructed suspended cop Sachin Waze to collect Rs 100 crores from various bars and restaurants across Mumbai.

Chaudhary submitted, "The CBI while filing its chargesheet qua the first allegation has claimed that its probe with regards to the other two allegations is yet to be concluded. On the other hand, the ED, clubbed all the three allegations together and concluded its probe. Now the special court wants to proceed with framing of charges in the ED case."

The senior advocate assisted by advocate Inderpal Singh argued that once the trial court proceeds with framing of charges against his client without considering that the CBI is yet to complete its probe, then his client will be "deprived" of his right to seek discharge in the predicate offence.

Citing the landmark ruling in the Vijay Madanlal Chaudhary's case, the counsel submitted, "The law is that the ED case cannot stand without the CBI case. If the court today proceeds with framing of charges under the ED case and God forbids, if charges are framed against my client then further if my client is discharged in the CBI case, then what happens? What will my client do? They need to understand the law."

Chaudhary further argued that he does not have any problem with the decision but that he was disturbed with the decision making process.

"Can the special court, which is hearing both the case by the CBI and the ED, say that look, I will keep the CBI case on the back burner and proceed with the ED case? My answer is No. The law is that even if the predicate offence trial is stayed, the ED case can proceed but it cannot conclude," Chaudhary argued.

The senior counsel therefore, urged the court to at least defer the framing of charges before the special court in the ED case, till the instant proceedings conclude.

ASG Singh, opposed the prayer for interim relief.

Justice Bhobe, however, opined that since the plea is for seeking a stay on the trial, a detailed hearing would be needed and therefore, issued notice to the ED and directed the central agency to file its affidavit-in-reply.

The judge said he will hear the detailed arguments on June 18 and accordingly adjourned the hearing.

According to the ED probe, as Maharashtra's Home Minister, Deshmukh had received at least Rs 4.7 crore in illegal gratification in cash from various orchestra bar owners between December 2020 and February 2021 through then dismissed cop Waze.

Deshmukh was arrested by the ED on November 2, 2021 and booked under section 3 and 4 of the PMLA Act, which was based on the corruption case against him lodged by the CBI.

On October 4, 2022, the Bombay High Court had granted bail to Deshmukh in the PMLA case being probed by the ED and subsequently, on December 12, 2022, he was bailed out in the corruption FIR lodged by the CBI.

Case Title: Anil Vasantrao Deshmukh vs Directorate of Enforcement (Criminal Application 747 of 2026)