A SPECIAL court on Tuesday rapped the Enforcement Directorate (ED), stating that prima facie its bonafide was ‘not clear’ in seeking to take an accused to New Delhi directly from jail without intimating the court. The special court, however, gave a nod to ED to take accused Pravin Raut to New Delhi in connection with a money laundering case, on the condition that the central agency file an undertaking that once his custody is completed in the case, Raut will be returned to the Mumbai jail where he is lodged. It also said that Raut can only be taken to Delhi once the hearing of his pending bail application is completed. A court in New Delhi had issued a production warrant, directing that Raut be produced before it for a probe in the PACL case. ED officials served the warrant upon the superintendent of Arthur Road jail, where Raut is lodged, to take him to New Delhi without first informing the court. The special court said that it was taking note of this ‘modus operandi’. It said that previously too, Dheeraj and Kapil Wadhawan, promoters of DHFL who were arrested in the Yes Bank alleged fraud case, were taken to Lucknow by the CBI without intimating the court as required by law, referring to a Bombay High Court judgment. Special Judge M G Deshpande said the Wadhawan brothers were taken to Lucknow on May 24 and till date, they have neither been returned to the custody of Mumbai special court nor has the court been informed where they are, hampering the progress in the case and rendering them 'trial-less'. It said that prima facie, there were indications that the ‘same horrific scenario’ is likely to happen to Raut. “It is made clear that ED cannot avail such modus operandi and completely stall the proceedings pending in this court. If they are doing so, it is serious… Hampering the progress of the proceeding at the behest of alleged investigation at New Delhi, that too by suppressing legal norms and substituting with self-created modus operandi, is certainly not authority vested in the agency… I strongly feel that once accused number 3 (Raut) is handed over to the ED, without taking undertaking, there is imminent danger that he will not be returned to this court. and the court will have to be a silent spectator,” the court said. The court added that it cannot be a ‘helpless bystander’ and the ED should not hesitate in giving an undertaking stating that after his custodial interrogation is completed, Raut will be returned to Mumbai. Raut was arrested by the ED in Mumbai in connection with the Patrawala Chawl redevelopment case. The ED sought to take him to New Delhi for the PACL case probe. “It is abundantly clear from the guidelines (from High Court) that ED or CBI should not directly approach the jail superintendent for seeking custody, that too circumventing their own special public prosecutors and this court,” the special court said. The ED had said that it will not be able to give such an undertaking, stating that it was not in control of the investigating officer. Raut, through his lawyer, had said that while he had no issue with being taken to New Delhi for the probe, he feared being transferred in connection to other cases once taken there, with his bail plea pending hearing in the Mumbai court.
