High Court declares IAS Officer Anilkumar Pawar's ED arrest illegal, orders release

In a significant setback for the Enforcement Directorate (ED), the Bombay High Court on Wednesday ruled that the arrest of suspended Vasai Virar Municipal Commissioner and IAS officer Anilkumar Pawar was illegal.

A division bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad observed that the agency lacked “sufficient tangible material” to justify Pawar’s arrest on 13 August, declaring that both his ED custody and subsequent judicial custody were unlawful.

“The petition succeeds,” the bench said, quashing the special court’s orders and holding the arrest invalid.

ED’S CASE UNDER SCRUTINY

During the hearing, Additional Solicitor General Anil Singh, representing the ED, was pressed by the court to clarify what evidence the arresting officer had relied upon. The bench specifically sought to know whether the case was built solely on witness statements recorded under the Prevention of Money Laundering Act (PMLA).

In response, Singh cited WhatsApp conversations allegedly exchanged between Pawar and YS Reddy, a deputy director of town planning and a co-accused in the case. He contended that the chats, combined with statements from architects and builders, demonstrated a “clear conspiracy.”

“After the raid at Reddy’s residence, material was found and witness statements were recorded. There is a clear case. What else does one need?” Singh argued.

But the bench was unconvinced. “You cannot pose that question to the court,” Chief Justice Chandrashekhar retorted. “So what you are relying on is statements under section 50 of the PMLA and WhatsApp chats. No incriminating material was found when you raided the petitioner.”

Singh attempted to justify the lack of physical evidence, responding, “No one will keep it at home.”

COURT FINDS ARREST ‘UNJUSTIFIED’

The ED later submitted a note defending its action, claiming there were “no illegalities” in Pawar’s arrest and asserting that investigators had “abundant material”, including details of money transfers from Reddy to Pawar’s wife.

However, the court found this insufficient to meet the legal threshold for arrest. It ruled that the evidence presented did not amount to concrete grounds for depriving a person of liberty.

Holding the arrest “unjustified”, the bench directed Pawar’s legal team, Senior Advocate Rajiv Shakdher, along with Karan Khetani and Ujjwalkumar Chavan, to submit undertakings ensuring that Pawar would not tamper with evidence or influence witnesses before being released.

Rs 300-CRORE CASE

The ED has already filed a chargesheet against Pawar and several others in connection with a money laundering probe involving Rs 300.92 crore in alleged “proceeds of crime”. Of this, around Rs 169 crore has been linked to Pawar, according to the agency.

Despite the chargesheet, the court’s decision raises serious questions about the manner in which the arrest was carried out and the sufficiency of evidence relied upon by the ED.

Pawar remains in judicial custody, pending completion of the required formalities for his release.

- Ends

Tune In