Two HC judges recuse from hearing Anil Deshmukh’s application
Two judges of the Bombay high court on Wednesday recused themselves from hearing the application of former home minister Anil Deshmukh, challenging the special court order permitting the Central Bureau of Investigation (CBI) to take him into custody
Two judges of the Bombay high court on Wednesday recused themselves from hearing the application of former home minister Anil Deshmukh, challenging the special court order permitting the Central Bureau of Investigation (CBI) to take him into custody.
Deshmukh claimed the order granting his transfer was not proper and was based on gross high-handedness and did not adhere to the established procedures in criminal law and hence, should be quashed.
The special court on April 1 directed the superintendent of Arthur Road jail to hand over Deshmukh’s custody to the CBI.
The former minister’s application filed through advocates Aniket Nikam and Inderpal Singh on April 5 also sought an order to the CBI, restraining it from removing him from the jurisdiction of the Enforcement Directorate (ED). He was arrested by ED in November 2021.
On Wednesday, when the application came up for hearing before a single-judge bench of justice Revati Mohite Dere, she said “not before me” and recused herself from hearing the application. Dere directed Deshmukh’s lawyers to approach the alternative bench of justice P D Naik.
Soon after lunch, Nikam approached justice Naik and sought urgent hearing on the plea as the remand application of the CBI was to come up for hearing before the sessions court later in the day. However, justice Naik also recused himself from hearing Deshmukh’s application.
Deshmukh was named along with unknown others in the FIR registered by the CBI on April 21, 2021, following the HC order of April 5, same year. The HC had asked the CBI to conduct a preliminary inquiry into the March 20 letter written by former Mumbai police commissioner Param Bir Singh to chief minister Uddhav Thackeray. It had alleged that Deshmukh had directed police officers to collect money from hotels and restaurants.
After the inquiry, the CBI concluded that there was evidence against Deshmukh with regards to the allegations made by Singh and hence, filed an FIR against him and unknown others. Thereafter, ED registered a case against Deshmukh under the Prevention of Money Laundering Act and arrested him on November 2, 2021. Deshmukh had been in ED custody since then and his application for bail has been rejected by various courts as well.
The CBI has now sought custody of Deshmukh so that he may be taken to Delhi, where the FIR was registered, for investigation. Apart from Deshmukh, the CBI has sought the custody and remand of his secretary and personal aide Sanjeev Palande and Kundan Shinde as well.