Bombay High Court grants protection from arrest to Anil Parab till March 20 in Dapoli resort money laundering case

The Bombay High Court on Tuesday asked the Enforcement Directorate (ED) not to take any coercive action against Shiv Sena (Uddhav Balasaheb Thackeray) leader Anil Parab till March 20 in the money laundering case linked to a resort at Dapoli in Maharashtra..A division bench of Justices Revati Mohite Dere and Sharmila Deshmukh passed the direction on Parab's plea seeking quashing of the Enforcement Case Information Report (ECIR) registered by the ED in which Parab has been summoned..Parab moved the High Court within days after ED arrested one Sadanand Kadam, owner of resort and alleged to be a close aide of Parab for his alleged involvement in the Dapoli case. The agency has claimed that the value of the land is around ₹2.74 crore, and the resort on the land was valued at ₹7.46 crore, generated through criminal activities. Apprehending arrest, Parab moved the High Court seeking quashing of the ECIR. He claimed that around 2020-21, on account of political rivalries, several false and frivolous complaints and proceedings came to be initiated against Parab in respect of the land..Senior Advocate Amit Desai with Advocate Prerna Gandhi, appearing on behalf of Parab, argued that the ECIR was registered based on a criminal complaint filed by an individual alleging violation of the Environmental Protection Act, Coastal Zone Regulations and offence of cheating under Section 420 of the Indian Penal Code.Desai told the Court that the plea was filed seeking urgent relief after BJP leader Kirit Somaiya tweeted about the arrest of Kadam.Somaiya indicated in his tweets that Parab would be the next person to be arrested."I have rushed to the court only because of a tweet. The arrest and the manner in which Kadam was arrested... Parab is a leader from opposition party and he is also strategising the constitution bench matter (before Supreme Court relating to fall of Uddhav Thackeray government)," Desai said..Desai pointed out that even before the Magistrate had taken cognizance of the offences, the ED had registered an ECIR."Without following grounds laid down in Lalita Kumari, if ECIRs are being registered then we are finished. Hence I stressed, that after mere filing of complaint, if ECIR is being filed, then we have serious problem. There has to be a predicate offence, but there has to be some determination by the agency on the offence on the preliminary enquiry," Desai argued..Additional Solicitor General (ASG) Anil Singh, appearing for ED, informed the Court that Parab had an alternate remedy of filing an anticipatory bail plea before the special ED court."He has anticipatory bail remedy. If there is apprehension of arrest, then that remedy is available. The court may decide on merits but then there is no reason to grant interim relief," Singh argued. .Desai apprised the Court that the Magistrate had taken cognizance of the complaint but only with respect to violation of environmental law provisions and not IPC offences.This order had been challenged by Parab before a sessions court in Khed. At the end of the hearing, Desai informed the Court, that even the sessions court had allowed the revision plea by Parab and set aside the order issuing process to Parab.Desai requested the Court to grant him sometime to examine the Khed court order, so that he can address the High Court on the reasons given in that order..The Court posted the matter for hearing on March 20 but asked ASG to inform the ED officers to not take any coercive action against Parab. "We are not passing an order of 'no coercive action'. Mr Singh please inform your officers of not taking any coercive action," the High Court said.