NCP leader Hasan Mushrif granted two weeks’ protection from arrest by ED

The Bombay high court on Tuesday granted NCP leader Hasan Mushrif interim protection from arrest by the Enforcement Directorate (ED) for two weeks in a money laundering case involving a sugar factory in Kolhapur

The Bombay high court on Tuesday granted NCP leader Hasan Mushrif interim protection from arrest by the Enforcement Directorate (ED) for two weeks in a money laundering case involving a sugar factory in Kolhapur.

Mumbai, India - March 14, 2023: NCP MLA and former state minister Hasan Mushrif were reached the Enforcement Directorate (ED) office and joined ‘money-laundering’ pro in th case register aginst him by the agency in Mumbai, India, on Tuesday, March 14, 2023. (Photo by Satish Bate/ Hindustan Times) (Hindustan Times)

The court, however, asked him to appear before the agency for questioning while directing him to approach the special court for anticipatory bail.

The hearing of the petition has been posted after four weeks.

Mushrif, a legislator from Kagal, has sought HC’s direction to quash an Enforcement Case Information Report (ECIR) registered against him and others in the case which he claimed was at the behest of BJP leader Kirit Somaiya. ECIR was intended to make out a predicate offence against Mushrif though his name was not mentioned in the complaint filed by the Registrar of Companies (ROC) in 2021, senior advocate Aabad Ponda told a division bench of justice Revati Mohite Dere and justice Sharmila Deshmukh.

Despite HC’s stay in ROC’s case, ED searched Mushrif’s premises, Ponda said, adding ED had summoned him for questioning on March 14. Hence, he approached HC seeking protection from any coercive action.

When the bench sought to know from ED whether they intended to arrest him, additional solicitor general (ASG) Anil Singh said he could not say anything on that but if Mushrif wanted permanent protection, he could approach the special court for anticipatory bail.

As per the petition, ED was investigating a private complaint filed by ROC under section 447 (fraud) of the Companies Act 2013, which was stayed by HC in May 2022. The complaint alleged that members of Mushrif’s family who controlled Sar Senapati Santaji Ghorpade Sugar factory in Kolhapur had diverted crores through suspicious bank accounts. ED had then initiated investigations against the Mushrif’s sons, but HC restrained the agency from filing a chargesheet.

Ponda claimed that though the case was more than 10 years old there was an attempt to frame Mushrif and another FIR was registered against him in February this year in which he had been granted protection.

ASG Singh opposed the plea and said Mushrif’s sons had approached the lower court for pre-arrest bail and if he apprehended arrest though his name was not mentioned in the ECIR, he could apply for anticipatory bail as well.

In view of the petitioner’s apprehension, HC said it was granting him interim protection for two weeks and relegated the case to the special court by directing Mushrif to apply for anticipatory bail there.