''Pankaj Bansal' Judgment Does Not Apply' : Bombay HC Dismisses Jet Airways Founder Naresh Goyal's Plea Challenging Arrest By ED
The Bombay High Court has dismissed the writ petition filed by founder of Jet Airways, Naresh Goyal, challenging his arrest by Enforcement Directorate (ED) in money laundering case.
A Division Bench of Justice Revati Mohite Dere and Justice Gauri Godse said, “The petitioner was arrested on 1st September 2023 and was served with the grounds of arrest on 1st September 2023. The petitioner has acknowledged receipt of the same. The law that held the field till Pankaj Bansal (supra), with respect to serving the grounds of arrest was Chaggan Bhujbal (supra). As noted above, the Apex Court vide judgment dated 3rd October 2023 in Pankaj Bansal (supra), has used the words `henceforth’ and has held that the decision of the Bombay High Court in Chaggan Bhujbal (supra) and Delhi High Court in Moin Qureshi does not lay down the correct law. Thus, in the facts, having regard to the same, there is no merit in the petitioner’s submission, that he ought to have been furnished with a physical copy of the grounds of arrest.”
The Bench noted that the petitioner was not orally read out the grounds of arrest but was served a copy of the grounds of arrest which he acknowledged by signing thereon.
Senior Advocate Amit Desai appeared on behalf of the petitioner while Advocate H.S. Venegavkar appeared on behalf of the respondents
The petitioner in this case, had sought a writ of habeas corpus for his release from the abjectly unlawful and arbitrary custody and incarceration. He had challenged his arrest by the ED with respect to bank loan default case.
The High Court in this regard observed, “On 20th September 2023, the petition appeared before this Court, for the first time (petitioner was at the relevant time, in judicial custody). Accordingly, we formally issued notice to the Enforcement Directorate. On the said date, Mr. Venegavkar appearing for the Enforcement Directorate sought time to file their reply.”
The Court further noted that in the meantime, i.e., on September 27, 2023, October 4, 2023, the Special Court extended the judicial custody of the petitioner, on the said dates and has continued to do so, till date.
“Admittedly, none of the remand orders, post filing of the petition have been challenged before us, as according to Mr. Desai, the arrest and first and second remand orders itself being illegal, subsequent orders are not required to be challenged”, said the Court.
The Court, however, clarified that it is always open for the petitioner to avail of other statutory remedies, as permissible in law to him, vis-a-vis other prayers raised in the petition.
Accordingly, the High Court dismissed the petition.
Cause Title- Naresh Goyal v. Directorate of Enforcement (Neutral Citation: 2023:BHC-AS:33990-DB)
