MUMBAI: Justice SK Shinde of the Bombay High Court on Tuesday directed that a dismissal petition filed by the former State Home Minister Anil Deshmukh The summons issued by the Enforcement Directorate (ED) to appear before the agency will have to be heard by a two-judge bench and not the one-judge bench where they filed it.
The HC said that most of the directions sought by Deshmukh are to be heard by the division bench. However, the rules governing how cases are heard or the type of bench – the power of the bench – that hears it, give a single judge the power to adjudicate applications under section 482 of the Code of Criminal Procedure (Proceedings). Inherent powers of the HC to pass orders to quash or secure the end of justice and prevent abuse of judicial process). He had challenged the validity of five ED summons in a May 11 case under the Prevention of Money Laundering Act (PMLA).
Deshmukh also wants the HC to restrain the ED from arresting or taking any coercive steps against him and to comply with certain provisions of PMLA, allow him to appear through an authorized representative and allow him to appear through electronic mode. Allow submission of applicant’s statement.
The HC directed the Registry to place Deshmukh’s application before the Division Bench as per the roster.
The HC said that most of the directions sought by Deshmukh are to be heard by the division bench. However, the rules governing how cases are heard or the type of bench – the power of the bench – that hears it, give a single judge the power to adjudicate applications under section 482 of the Code of Criminal Procedure (Proceedings). Inherent powers of the HC to pass orders to quash or secure the end of justice and prevent abuse of judicial process). He had challenged the validity of five ED summons in a May 11 case under the Prevention of Money Laundering Act (PMLA).
Deshmukh also wants the HC to restrain the ED from arresting or taking any coercive steps against him and to comply with certain provisions of PMLA, allow him to appear through an authorized representative and allow him to appear through electronic mode. Allow submission of applicant’s statement.
The HC directed the Registry to place Deshmukh’s application before the Division Bench as per the roster.
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