[Anil Deshmukh money laundering] Unfair to hear new matters when prisoners languishing in jail for years: Bombay High Court

The Bombay High Court on Friday remarked that it would be unfair to hear new cases when cases of prisoners languishing in jails for years together are pending before it [Anil Deshmukh v. Enforcement Directorate & Ors.]..Justice Anuja Prabhudessai made the remark when hearing the bail plea filed by former Maharashtra Home Minister Anil Deshmukh in a money laundering case.The Court clarified at the outset that she was only going to hear medical grounds and will not go into the merits of the matter. Advocate Aniket Nikam, appearing for Deshmukh, was seeking time as the concerned counsel was not available and stated the matter be adjourned by a week. He sought directions from the court to call for Deshmukh's medical records. .Justice Prabhudessai was not inclined to grant an early date. "It is not just this matter but other matters too. I told lawyers I will grant circulation only if there is medical emergency else priority is given to older matters. But then they argue on merits. ...Accused are languishing in jails for over 10 years. Keeping them inside and hearing new matters is not right" Prabhudessai said. She clarified that she was not going to call for medical records on her own, and granted leave to Nikam to file a separate application spelling out the medical grounds. "You put in writing, give a copy to ED, then they will reply to it. In your application for urgent hearing mention the date of arrest and then how long he has spent time in prison. Accordingly, I will decide. Every matter comes with medical emergency and then arguments are made on merits. That is not fair" the judge said. With this Justice Prabhudessai adjourned the hearing to 2 weeks. .The former minister moved the High Court after a Special Court under the Prevention of Money Laundering Act (PMLA) rejected his default bail application, after which Deshmukh sought regular bail that was also rejected.Deshmukh has stated in his plea that he is a victim of gross persecution and harassment being meted out to him at the hands of certain unscrupulous vested interests.In the 56-page reply filed through advocate Shreeram Shirsat, the ED opposed the bail filed pointing out that the allegations by Deshmukh would be examined at the trial stage.The reply stated that Deshmukh had not been able to explain the source of huge wealth and proceeds of crime..The ED clarified that Deshmukh had always been the prime suspect in the first information report (FIR) registered by the Central Bureau of Investigation (CBI) following a Court-directed enquiry into allegations of corruption and misuse of his official position.The former Maharashtra Home Minister appeared before ED officials and after a 12-hour interrogation, was arrested and remanded to ED custody till November 6, 2021.A Sessions Court then turned down the ED's plea for extension of custody, and he was remanded to judicial custody of 14 days. This order was set aside by the Bombay High Court in a special Sunday sitting after ED challenged the same.The High Court then remanded Deshmukh to ED custody till November 12, which was extended till November 15. After that, the NCP leader was sent to judicial custody.On April 6, 2022, CBI arrested Deshmukh in the corruption case after which he was remanded to their custody till April 11, 2022.