The Enforcement Directorate (ED) was granted custody of the Shiv Sena MP Sanjay Raut till 4 August in the Patra Chawl land scam case on Monday, 1 August.
The Mumbai special court said in its order, "Considering the compass of enquiry and volume of the matter, custodial interrogation is necessary."
Here's what the special court noted in its order granting the probe agency custody of the Saamana executive editor:
The court noted the probe agency’s allegation that Raut cheated tenants and the Maharashtra Housing and Area Development Authority by selling FSIs to third party developers.
It noted that the total alleged laundered amount is Rs 1,039.79 crore.
The court recorded that according to the ED, Raut and his family siphoned, layered, and integrated Rs 1.06 crore through Pravin Raut.
Speaking in connection to the allegation of Raut not cooperating with the ED’s investigation, the court said, “I feel it cannot be said he hasn't cooperated with investigation.”
It furthered, “Considering the compass of enquiry & volume of the matter, Custodial Interrogation is necessary.”
It also observed that the ED’s demand for eight days of custody is “unwarranted,” and remanded Sanjay Raut to custody till 4 August.
The court also issued directions regarding Raut’s custody given his “poor health.” It granted two applications – one of medicines and home-cooked food, and second for legal consultation – to Raut.
It said, “As the accused is suffering from heart disease, ED should consider hospitalisation for the accused if required and also maintain hours for interrogation noting this aspect.”
What Did the Probe Agency Argue?
Special Counsel Hiten Venegaonkar, appearing for the Enforcement Directorate sought eight days custody of the Shiv Sena MP.
Here are the key arguments put forward by the probe agency:
Special Counsel Hiten Venegaonkar, appearing for the Enforcement Directorate pointed out that Pravin Raut received Rs 112 crore from Housing Development and Infrastructure Limited and said that Rs 1.6 crore
The probe agency further alleged that that there are certain land parcels purchased against Sanjay Raut in Alibaug, and also purchased 8 agreements using cash payments from Pravin Raut, who the agency called Sanjay Raut’s “front man.”
The agency’s third allegation stated that several international tours were arranged using proceeds of the crime.
Speaking on Raut’s appearances before the ED, Venegoankar said, “He was summoned on 3 occasions. He appeared on one occasion. He failed to appear on two occasion. He failed to dodge the statutory summons.”
He also alleged that Raut “tampered with crucial witnesses” and said that out of alleged 112 crores received by Raut, “the component of 1.6 crores has been tracked.”
The ED also claimed that Raut threatened witnesses who were deposed before the probe agency.
“All I am praying for is ED custody of 8 days,” Venegaonkar said.
What Did Sanjay Raut's Counsel Say?
Senior Advocate Ashok Mundargi appeared for Sanjay Raut and said that the Shiv Sena MP was arrested in an ED matter early this year, with the Enforcement Case Information Report (ECiR) being registered in 2021.
Here are the key arguments by the Mundargi:
“The complaints submitted to the court are old complaints. These things are being raked up because of change in atmosphere, if I may say.”
He also notes that the profit is earned by “Mrs Raut and Mr Pravin Raut” but says that this cannot be foisted on Sanjay Raut.
“All this is fishing enquiry. Investigating agency should not be encouraged to investigate on these type of details,” he argues.
Mundargi also states that following investigations, it is revealed that the cash component of land purchases is sourced to Sanjay Raut. He said that “if need for further investigation is found, then minimum custody may be granted.”
He also said that Raut is cooperating with the investigation, asking the court to observe “events that have happened in the recent past.”
The senior advocate added that all the dates where Raut failed to appear before the probe agency fell within dates of elections for the post of President, Vice-President and the legislative council.
He said that Raut was “neck deep in elections” and intimated the probe agency that he was in Delhi attending Parliament, adding that the MPs arrest must be taken “with a punch of salt.”
Mundargi also furthered that Raut is a heart patient and added that while the official arrest took place late at night, Raut’s “liberty was taken away at 7 am in the morning.”
He filed applications to “permit Raut to carry and consume all medications as per his doctor and permit home cooked food during ED custody” and another one to “permit Raut to have his legal help with him."
(With inputs from Live Law and Bar and Bench)
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