NEW DELHI: A Delhi Court has pulled up the Enforcement Directorate (ED) for arresting a Singapore-based businessman in Kolkata airport in relation to a UPA-era aircraft deal, saying the act of the central agency without the permission of the court is ‘totally unjustified.’
Special Court Judge Anil Antil at Rouse Avenue declared the arrest of the accused Dev Inder Bhalla illegal and allowed his interim bail. Bhalla was arrested at Netaji Subhash Chandra Bose International Airport Kolkata on February 13.
Allegations against him were that he made shell companies launder money received as commission in the aircraft deal. Nonbailable warrants and Look Out Circulars (LOC) were issued against him which led to his arrest while the ED was seeking 14 days of custodial interrogation of the accused.
The accused was represented by remand advocates Aditya Singh Deshwal and Advocate Ridam Arora. The court noted that his arrest was on the basis of a non-bailable warrant issued in 2018, while it had already filed a chargesheet after that and its cognizance was taken in March 2021.
Summons were also issued to the accused persons and when those remained unserved, fresh summons were issued. The said plea appears to be routinely mentioned in the case of each accused in the complaint so filed, and the agency in my view can not seek their police custody during further investigation of the matter at hand.
“So, when after carrying out the investigation, complaint/ chargesheet has been filed against the accused herein; cognizance of the offences has been taken; summons have been issued pursuant to that, the act of the agency in apprehending/ arresting the accused without the permission of the court, and/or seeking his police custody remand is totally unjustified in the given facts and circumstances of the case,” the court said in the order.
The judge, further observed that “the agency was not legally empowered to arrest the accused without the indulgence of the court, nor is it empowered now legally to seek his custody remand at this stage of the case, knowing fully well the fact that the accused has been summoned by the court on their own complaint and request after taking cognizance.” The matter pertains to the supply of 3 EMP -145 aircraft to the government of India under the DRDO.