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'Not Maintainable': Special Mumbai Court Rejects Plea For 'Blanket' Anticipatory Bail Alleging Victimization Of Congress Members By ED

Sharmeen Hakim

22 July 2022 6:14 PM IST

    • Not Maintainable: Special Mumbai Court Rejects Plea For Blanket Anticipatory Bail Alleging Victimization Of Congress Members By ED

    Special ED Court in Mumbai rejected a plea for blanket anticipatory bail to restrain the Enforcement Directorate from allegedly victimizing Congress members and other members of the Maha Vikas Aghadi, the former ruling coalition in Maharashtra.The court observed that such "representative relief" for a third person couldn't be granted."It has to be noted that such application which seeks relief...

    Special ED Court in Mumbai rejected a plea for blanket anticipatory bail to restrain the Enforcement Directorate from allegedly victimizing Congress members and other members of the Maha Vikas Aghadi, the former ruling coalition in Maharashtra.

    The court observed that such "representative relief" for a third person couldn't be granted.
    "It has to be noted that such application which seeks relief of anticipatory bail in respect of the persons who are third parties cannot be entertained under Sec.438 Cr.P.C. or any other provisions under Cr.P.C,"
    Special Judge MG Deshpande observed that not a single MP or MLA had filed the application fearing arrest. But the application was filed by members not apprehending arrest. Moreover, there was no resolution appointing the applicants to seek anticipatory bail.
    The anticipatory bail application was filed by Advocate Madhu Holmagi claiming to be senior vice chairman of the Mumbai Regional Congress Committee, Yusuf Patel and Rajneet Dutta of MRCC seeking blanket relief for all members. They claimed that the Centre was misusing agencies to target former MVA constituents with an ulterior motive.
    "This is very astonishing and peculiar situation made in this application," the court observed.
    "Basically such representative relief is foreign under Sec.438 Cr.P.C. Due to this reason also the application is not maintainable and deserves to be rejected," the judge said.
    "Passing such blanket order will set a bad tradition," the court added.
    The petitioners had referred to the arrest of former Home Minister Anil Deshmukh and another NCP leader Nawab Malik. The court said those "cannot be a part of this application as another Special Court has already dealt with the same."
    Similarly, the summons issued by ED to Mrs. Soniya Gandhi cannot be a part of this application as ED, Delhi might be dealing with the same which is under the territorial jurisdiction of PMLA Special Court, Delhi, the court said.
    "Therefore, much discussion is not necessary. Making such allegations and grounds herein is baseless and the same deserve to be rejected."
    Tags
    Enforcement Directorate (ED)Anticipatory BailSection 438 CrPC
    Sharmeen Hakim

    Sharmeen Hakim

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