Former Maharashtra Minister Chhagan Bhujbal, who is in judicial custody on charges of money laundering since March, sought bail from the Bombay High Court on medical grounds on Monday, saying that his arrest by the Enforcement Directorate (ED) was not as per the procedures established by law.
A division bench of Justices Ranjit More and Shalini Phansalkar-Joshi is hearing a habeas corpus petition filed by Mr. Bhujbal seeking bail saying his “arrest” was illegal.
A habeas corpus petition is a writ requiring a person under arrest to be brought before a judge or in a court, especially to secure the person’s release unless lawful grounds are shown for his or her detention.
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Mr. Bhujbal’s lawyer Vikram Chaudhary argued that his client should be granted bail since he was not well and was undergoing treatment in a hospital here.
The lawyer said the lower court has rejected Mr. Bhujbal’s bail on medical grounds twice. He, however, has not sought regular bail from the trial court.
Mr. Bhujbal’s lawyer argued that the ED had not provided the grounds of arrest to Mr. Bhujbal in keeping with the provisions of Section 19 of Prevention of Money Laundering Act (PMLA). Hence, his arrest was illegal and he should be granted bail, the lawyer argued.
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Mr. Bhujbal was arrested on March 14 by the ED on charges of money laundering. After his arrest, he had approached the High Court challenging the constitutional validity of Sections 19 and 45 of the PMLA.
However, Mr. Bhujbal withdrew his petition and filed a fresh plea in the form of a habeas corpus petition challenging his arrest and seeking bail. — PTI