Delhi court grants interim protection from arrest to Raheja Developers CMD, chairman in ED case

Delhi court grants interim protection from arrest to Raheja Developers CMD, chairman in ED case

New Delhi, A Delhi court has granted interim protection from arrest to Raheja Developers Ltd Chairman Navin M Raheja and Managing Director Nayan N Raheja in a money laundering case, saying that non-bailable warrants have serious consequences on rights of the accused and should not be issued mechanically.

Delhi court grants interim protection from arrest to Raheja Developers CMD, chairman in ED case

Additional Sessions Judge Sheetal Chaudhary Pradhan was hearing an application filed by the Enforcement Directorate seeking issuance of open-ended non-bailable warrants against the father-son duo in the case being investigated by the agency.

Senior Advocate Vikas Pahwa appeared for the accused, assisted by Karanjawala and Co Advocates, including Senior Partner Sandeep Kapur, Partner Manmeet Kaur, Irfan Muzamil, Rishabh Munjal, Kholi Rakuzhuro and Kunal Kochar.

In an order dated August 3, the court said, "The primary object for issuance of any process against an accused is to secure his presence. Further, issuance of NBW against the accused has larger ramifications and affects his rights and should be issued sparingly. The court is required to give due consideration and should not issue the process in a mechanical manner."

The agency alleged that the accused failed to join the investigation and had not complied with summons issued in connection with an ECIR registered in 2022.

Appearing for the accused, Pahwa, instructed by Karanjawala and Co, submitted that both the accused had personally appeared before the ED on four occasions in 2025 in compliance with summons and had furnished documents sought by the investigating agency.

He argued that the ECIR was registered in 2022, but the ED sought NBWs nearly four years later despite the accused cooperating with the probe.

The defence also contended that the accused were neither absconding nor evading the process of law, were willing to join the investigation whenever called, and that proceedings, including an anticipatory bail plea and writ petitions, were pending before the Delhi High Court.

The ED opposed the plea, contending that although the accused had joined the investigation in 2025, they subsequently failed to appear on four occasions and did not comply with summons issued in April 2026. It argued that filing of an anticipatory bail plea did not entitle the accused to avoid joining the investigation or preclude coercive action.

The court, however, noted that arguments on the ED's application were still incomplete and that the primary object of issuing any process against an accused was to secure his presence.

It noted that since the accused had expressed their readiness and willingness to join and cooperate in the investigation, it was a fit case to grant them interim protection from arrest till the next date of hearing.

"In the present matter, the arguments are yet to be concluded on behalf of both the parties. Further, the object of the investigating agency for issuance of summons or NBWs is only to procure the attendance of the accused for smooth investigation," the court said.

It directed both Navin and Nayan Raheja to join and cooperate with the investigation whenever called by the investigating officer. Taking note of Navin Raheja's advanced age, the court also said that the ED may consider the Delhi High Court judgment relied upon by the defence regarding appearance through video conferencing.

The court then listed the matter for further hearing on September 3.

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