The Bombay High Court on Friday asked Maharashtra’s former Home Minister Anil Deshmukh to give details of ailments to justify medical emergency to seek an early bail plea hearing.
As she adjourned Deshmukh’s bail plea hearing by two weeks, Justice Anuja Prabhudessai of the high court expressed her displeasure over the manner in which lawyers these days cited medical emergencies to seek early hearings on bail plea applications.
Doing some plain speaking, the Judge noted: “Not only in this case, but in a number of cases the accused are languishing in jail for years. So keeping them inside and taking up this matter (Deshmukh’s plea) will not be right. The court will take up those cases wherein there is a medical emergency [or] there is death in the family”
“However, now, every matter comes citing medical emergencies and then lawyers argue on merits. That is not correct. You cannot take the court for granted,” Justice Anuja Prabhudessai added.
The judge went on to say that advocate Aniket Nikam, representing Deshmukh, had not given details of the medical emergency cited for which an early hearing of his petition was sought.
On his part, Nikam told the court that Deshmukh had been hospitalised for three days for shoulder dislocation and that he was currently in CBI custody.
Nikam urged the Judge to call for Deshmukh’s medical report. She said she would do so only after the petitioner furnished in writing the details of his medical issues.
Additional Solicitor-General Anil Singh, appearing for the CBI, said that while he had a “lot to say” about Deshmukh’s medical emergency, he would wait for the former State Home Minister to file a fresh application.
In an affidavit filed before the high court opposing Deshmukh’s bail plea, the Enforcement Directorate (ED) had alleged on Thursday that Deshmukh was the "mastermind and brain" behind the money laundering conspiracy and said that the former state minister was unable to explain the source of huge wealth and to explain the proceeds of crime amounting to Rs 1.71 crore received between February -March 2021 in the bank account of an educational institution linked to him.
In its 56-page affidavit filed through Advocate Shreeram Shirsat, the ED had alleged that Deshmukh had “misused” his official position to amass wealth.
It said that despite multiple opportunities given to him, the former Home Minister Deshmukh had failed to explain the source of his income, thus lending credence and showing even otherwise that the proceeds of crimes were being laundered.
In its affidavit filed a day after a Special court remanded him to CBI’s custody till April 11, the ED stated: "The applicant (Deshmukh) is the mastermind of the entire conspiracy hatched with his son Hrishikesh Deshmukh, Sachin Waze (dismissed police officer), Sanjeev Palande and Kundan Shinde (Deshmukh's former aides)".
Among other things, the ED had also told the court that Deshmukh was non-co-operative, evasive and did not attend the interrogation when summoned five times, instead choosing to challenge the same in courts, that he amassed huge wealth during public service, source of which is still unexplained and that he was an influential person having deep political roots and there is every likelihood of him obfuscating the trail of proceeds of crime.
Deshmukh was taken into custody by the CBI on Wednesday, five months after he was arrested by the ED in November last year.
On November 2, 2021, the ED had arrested Deshmukh 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.