Mumbai Court denies bail to Suraj Chavan in khichdi scam
Suraj Chavan, a close aide of Shiv Sena (UBT) leader Aaditya Thackeray, was arrested by the ED in January, allegeding irregularities in work orders issued by MCGM for supplying khichdi during the Covid-19 pandemic to migrant workers.
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The court said that since Chavan was arrested before the order, it cannot be retrospectively applied. (File Photo)OBSERVING THAT the Supreme Court’s order granting bail to Delhi Chief Minister Arvind Kejriwal in excise policy case, which mandated the supply of “reasons to believe” to the accused, cannot be retrospectively applied, a special court in Mumbai on Monday rejected bail to Suraj Chavan, arrested in the khichdi scam by the Enforcement Directorate (ED).
The court also observed that work orders were issued for providing khichadi to the company linked to Chavan, by cheating officials of the civic body, Municipal Corporation of Greater Mumbai (MCGM).
Chavan, a close aide of Shiv Sena (UBT) leader Aaditya Thackeray, was arrested by the ED in January, allegeding irregularities in work orders issued by MCGM for supplying khichdi during the Covid-19 pandemic to migrant workers.
The court said that the work orders were obtained by not disclosing true and correct facts to the MCGM.
Chavan in his bail, had cited the order of the Supreme Court passed in July while hearing Kejriwal’s bail, which had said that accused have to be provided a copy of the “reasons to believe” that the accused is guilty of an offence.
The court said that since Chavan was arrested before the order, it cannot be retrospectively applied. “It is only after the judgment in the matter of Arvind Kejriwal, the Honorable Apex court has held that the reasons to be believe are also required to be supplied to the accused. As the arrest is prior to the judgment… therefore sufficient compliance (was done) of section 19 of the Prevention of Money Laundering Act, by supplying the ground of arrest..,” special judge A C Daga said in the order.
Chavan had also sought bail on grounds of merit, including claiming that the ED had a pick and choose policy, as the owner of the company Force One Multi Services, who got the work orders, was not arrested despite having more influence.
Information obtained under the Right to Information Act by The Indian Express had shown that the firm was owned by Sanjay Mashilkar, a party secretary in the Eknath Shinde-led Shiv Sena.
The court said that statement of a MCGM official shows that it was Chavan who had requested the nodal officer for allotting the work order to the company.
The court said that this shows that it is not always that the party functionary higher in rank has more influence. “At this juncture, it can be prima facie concluded that only because of a request being made by applicant/accused (Chavan), the work order was given to Force One Multi Services without due diligence on the part of the officer of the MCGM,” the court said.
The court also said that the investigation is still in progress and hence it cannot be said that the ED is following a pick and choose policy.
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