"Complete Legal Restraint On Professional Activities": Mumbai Court Rejects Client's Plea To Allow Arrested Lawyer To Represent Him

Special Judge M.G. Deshpande rejected the application stating, "Once any person is arrested and further remanded to judicial custody, there is complete legal restraint on his professional activities".

The applicant Suresh Hedau is a petitioner in a pending election petition before the Nagpur Bench of Bombay High Court. He has claimed that his lawyer, Mr. Satish Uke was arrested and taken to Mumbai by the Enforcement Directorate on 31^st March 2022. He further alleged that the ED took law into its own hands by transporting Uke to Bombay without transit remand.

"[Satish Uke] was not produced before the Court within 24 hours. None of the Courts initiated any action against such act of ED, though ED took law in their hand", the application alleged.

Hedau said that his case is in its final stages, and keeps getting adjourned because Uke is not present to represent him. Further, no other lawyer agreed to take his brief.

The court examined the application and observed that Mr. Uke is arguing his own bail and remand proceedings, and he hasn't challenged the arrest in the High Court. The court concluded, "contentions in this application regarding illegality in the arrest of Mr. Uke, made by the applicant is without any locus and the same is baseless".

Case no. – PMLA Spl. Case No.588 of 2022

Case Title – Suresh Shamrao Hedau v. Enforcement Directorate

Coram - M.G. Deshpande, Special Judge Under PML Act

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