Granting relief to senior Nationalist Congress Party leader Eknath Khadse, the Bombay High Court on Thursday asked, “what heavens are going to fall” if he was granted protection.
The Bench remarked, “Judiciary and agencies like the Reserve Bank of India (RBI), the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) should act independently.”
A Division Bench of Justices S.S. Shinde and Manish Pitale made the above statement during a hearing on a plea filed by Mr. Khadse, 68, regarding a case of alleged land grab in 2016. The plea mentions the land in question was purchased by his wife and son-in-law legally from the owner and there has been no illegality in the procedure. The former Bharatiya Janata Party leader moved the court seeking to quash the complaint issued by the ED last year in October alleging fraud by causing a loss of ₹62 crore to the public exchequer.
The ED said that Mr. Khadse has misused his position as former State revenue minister and purchased the land at ₹3.75 crore with the intent to seek compensation from the Maharashtra Industrial Development Corporation in future.
After summons were issued to Mr. Khadse, he appeared before the ED on January 15 this year. Arguing for him, senior advocate Aabad Ponda urged the court to grant protection from any coercive action from the Central agency till the matter is finally heard. Additional Solicitor General Anil Singh representing the ED consented to not take action against him till January 25.
After taking Mr. Singh’s statement on record, the court asked why the agency was insisting on protection only till January 25. The Bench went on to say, “What heavens are going to fall if the petitioner (Mr. Khadse) is given protection for a few more days? We are always of the belief that the judiciary and agencies like the RBI, CBI, ED and so on should act independently and impartially. There is a threat to the very democracy if these agencies do not act independently,” the court said.
The Bench also noted, “If somebody is ready to cooperate and honour summons, then we ask ourselves what is the need for arrest. At the end of the day, he (Mr. Khadse) has cooperated and honoured the summons issued and appeared for questioning. We can understand if someone is not cooperating,” the court stated.
