ED swung in action only after I changed party: Eknath Khadse to Bombay high court

The Bombay high court (HC) on Tuesday was informed by Nationalist Congress Party (NCP) leader Eknath Khadse that the inquiry by the Enforcement Directorate (ED) against him in the Bhosari land deal case was only after he changed the political party

The Bombay high court (HC) on Tuesday was informed by Nationalist Congress Party (NCP) leader Eknath Khadse that the inquiry by the Enforcement Directorate (ED) against him in the Bhosari land deal case was only after he changed the political party. Khadse submitted that while the land deal complaint was registered in 2016 and a closure report was filed in 2018, ED had not been in the picture but came only after he changed party loyalties, hence he was eligible to seek protection against the ED summons.

ED swung in action only after I changed party: Eknath Khadse to Bombay high court

A division bench of justice SS Shinde and justice Manish Pitale, while hearing Khadse’s petition, was informed by senior advocate Aabad Ponda that there were multiple grounds to prove the maintainability of the petition and he was justified in seeking protection against coercive action by ED officers.

While reiterating the argument that there was no option for appealing against summons, hence the writ jurisdiction of the HC was the only avenue for Khadse, Ponda said that as per the provisions of the Prevention of Money Laundering Act (PMLA) any person not cooperating with the investigation was liable for arrest. In light of this, Khadse had a valid apprehension of being arrested when he responded to the ED summons as he would not disclose any incriminating material during the interrogation.

Ponda then added that as an economic offence case was made out against Khadse and there was no bail for such offenders, hence through the petition, Khadse was seeking recourse before any action was initiated against him. Lastly, on the point of maintainability, Ponda submitted that as Khadse was having multiple health problems and had to be hospitalised regularly. His petition seeking quashing of proceedings arising out of the summons issued by ED and all future summons was valid, and his prayer from protection against coercive action was also valid, Ponda said.

While making submissions on the ED action, Ponda submitted that after Khadse shifted loyalties from Bharatiya Janata Party (BJP) to NCP in October 2020, the ED proceedings were set in motion and he was summoned in December 2020. “Till then, ED was not in the picture. While the case was of 2016, the closure report was filed in 2018, ED was not involved. However, in June 2020 the ED filed the Enforcement Case Information Report and after I (Khadse) moved to another political party, the ED summons were issued,” Ponda said, on Khadse’s behalf.

Due to paucity of time, additional solicitor-general Anil Singh on behalf of ED, could not argue against the contentions canvassed by Ponda, hence the bench adjourned the hearing till Monday, March 15.