Desai -One of the arguments in the affidavit is because the SC is seized of certain questions, relief shouldn't be granted.
Desai cites Special Reference 1 1964 by which the President had formulated five questions for the opinion the SC under Article 143(1) of the Constitution.
Desai cites SC's judgement in GautamNavlakha's habeas corpus plea.
Para 67 onwards
Desai on ED's opposition to the petition on grounds on maintainability and the HC's power to grant interim relief.
J Varale- On both these points you can pick the best of judgements.
Desai-Even if the prior act of possession is held to be an offence, which in my humble submission it is not, then it is prospective.
Desai - Right from the commencement of this institution (BombayHC) it has protected personal liberty, and we hope it will do so today as well.
Desai - . the police authorities, on fanciful grounds cannot disgrace any disliked face under the cloud of his involvement in the offence of organized crime under the MCOC Act. This is my submission.
Desai differentiates continuing offence from offences where there is no period of limitation.
Desai - I'll emphasize, there HAS to be an offence.
Desai says that there are so many cases wherein bonafide purchasers have been found regarding properties of the underworld.
All these bonafide purchasers would be charged with a continuing offence? Imagine the consequences of a contract of this kind..
Desai - The alleged Act is completed in 2003 and 2005. It would have horrific implications to say that this continuing offence merely on the basis of possession.