For the first time since his arrest by the Enforcement Directorate (ED) in November last year in a money laundering case, the CBI on Wednesday got the custody of Maharashtra’s former Home Minister Anil Deshmukh in a Rs 400 crore corruption case, as a city court remanded him to its custody till April 11.
In a development that came a few hours after two judges of the Bombay High Court recused themselves from hearing Deshmukh’s challenging the orders of two special courts sending him to CBI custody, Special CBI judge B.C. Barde remanded the former Home Minister to CBI custody till April 11.
On its part, the CBI had sought 10 days’ custody of Deshmukh on the ground that it wanted to question him on the confessional statements made by his personal assistant Kundan Shinde, personal secretary Sanjeev Palande and suspended police officer Sachin Vaze, who were in its custody. .
CBI’s counsel Rajmohan Chand told the special court that Shinde, Palande and Vaze had made made confessional statements about the “extortion” money being collected from the owners of bars and restaurants allegedly at the behest of Deshmukh.
Opposing the CBI’s plea, Deshmukh’s advocate Aniket Nikam asked as the CBI wanted his client’s custody, since the latter had already before the CBI earlier and had cooperated with its officials.
Nikam told the court that since Deshmukh’s bail plea was listed to be heard by the Bombay High Court on April 8, that was why the CBI want bent on arresting him. He said the CBI officials wanted to take Deshmukh with medical ailments to Delhi when the entire case was being investigated in Mumbai and Maharashtra.
Advocate Nikam also told the court that Deshmukh had dislocated his shoulder, needed to undergo surgery for the same and at this juncture, travelling to Delhi could be tiring for his client.
After hearing the arguments from both sides, special CBI judge Barde sent Deshmukh to CBI custody till April 11.
Deshmukh has been in the ED’s custody since November 2 last year when it arrested placed him under arrest in the early hours of Tuesday in the alleged money laundering case linked to the charges of extortion made against him by Mumbai’s former Police Commissioner Param Bir Singh.
Earlier in the day, Justices Revati Mohite Dere and PD Naik of the Bombay High Court on Wednesday recused themselves from hearing Deshmukh’s appeal challenging orders of two special courts that granted the Central Bureau of Investigation (CBI) custody over him in a corruption case.
When the matter came up for hearing before Justice Mohite Dere, she recused. The petitioner subsequently mentioned matter before Justice Naik. However, he also recused.
It may be recalled that on November 2, the ED had arrested Deshmukb under the provisions of Prevention of Money Laundering Act (PMLA) on charges of bribery, conspiracy and misuse of office.
Deshmukh had resigned from his post as the State Home Minister on April 5 2021 within hours after the Bombay High Court ordered a “Preliminary Enquiry” (PE) by the CBI into the serious charges of corruption made against him by Mumbai’s former Police Commissioner Param Bir Singh. He is being investigated by the CBI and Enforcement Directorate (ED) over the allegations of corruption made by Param Bir Singh.
It may be recalled that on March 20, the former commissioner of police had alleged that State Home Minister Deshmukh had asked now arrested and dismissed police officer Sachin Vaze to "collect" a staggering Rs 100 crore per month from bars, restaurants and other sources in Mumbai.
Deshmukh is being investigated by the CBI in connection with a First Information Report (FIR) registered by it on April 24 section 7 of the amended Prevention of Corruption Act and section 120-b (conspiracy) of IPC for an “attempt to obtain undue advantage for important and dishonest performance of the public duty”.
Having prima facie found “cognisance offences” of corruption and conspiracy against him during a Preliminary Enquiry (PE) conducted by it into the allegations made against him by Mumbai’s former Police Commissioner Param Bir Singh, the CBI had on April 21 last year registered a regular case against him and other unknown people.
Having established a trail for Rs 4.7 crore allegedly paid by the 10 bar owners in Mumbai over a period of three months December 2020 and February 2021, the ED had conducted raids on the three residences and one property of Deshmukh on June 25.
The ED has alleged that of the total amount, Rs 4.18 crore was then deposited in cash with four Delhi-based shell companies — Reliable Finance Corporation Pvt. Ltd, VA Realcon Pvt. Ltd., Utsav Securities Pvt. Ltd. and Sital Leasing and finance Pvt. ltd. These firms subsequently donated the entire money to Shri Sai Shikshan Sansthan Trust, a charitable trust headed by Anil Deshmukh and his family.
Among other things, the ED had told the court on June 26 last year that Rs. 40 lakh was paid by 60 bar owners to the now dismissed and incarcerated Assistant Police Inspector (API) Sachin Waze in December last year. The bar owners have told the ED that the amount was paid for ‘smooth functioning’ of their establishments and