ED seeks cancellation of Wadhwan brothers’ bail

The Bombay high court has issued notice to the Wadhwan brothers after the Enforcement Directorate (ED) moved an application seeking cancellation of the bail granted

The Bombay high court has issued notice to the Wadhwan brothers after the Enforcement Directorate (ED) moved an application seeking cancellation of the bail granted to Kapil and Dheeraj Wadhwan by a special court in February.

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According to the ED, the cancellation application had been filed in March but due to the lockdown, they had not pursued it. However, as the brothers failed to appear before the ED and have left the city there is an apprehension that they may abscond and hence the sought an urgent hearing of the application.

A division bench of justice P D Naik while hearing the application on Thursday was informed by government pleader Poornima Kantharia that ED had filed the application soon after the brothers were granted bail as the grounds were erroneous. She said that ED was to move the application before the HC in March but due to the lockdown and restrictions on the movement they did not pursue it.

She further submitted that the brothers were not attending the ED office as per the bail conditions and it later came to light that the brothers had left the city and were first living in Khandala and thereafter at their farmhouse in Mahabaleshwar. “They refused to attend the ED office citing a threat to their life due to the coronavirus, but they felt no fear while travelling out of the city,” said Kantharia.

She further added that there was an apprehension that the brothers may abscond and hence their bail should be cancelled and they should be put back behind bars.

Despite the nationwide lockdown, the Wadhwan brothers and their family of 23 had left Mumbai and were living in a rented house at Khandala. However, after they were asked to vacate the house they managed to travel to Mahabaleshwar based on a letter from Amitabh Gupta, principal secretary (special), home department. The investigating agencies were unaware of the Wadhwans leaving the city and it was only when a neighbour of the farmhouse alerted the Satara police, the whereabouts of the Wadhwan’s came to light. All 23 members of the Wadhwan family have since been kept under institutional quarantine in Satara.

After hearing the submissions the bench issued notice to the Wadhwans and directed the Satara police to serve the same on them and posted the matter for hearing on April 23.