HC to decide Anil Deshmukh's plea on Sep 13

Deshmukh had last week filed the petition seeking to quash the five summons issued by the ED.

When the petition came up for hearing before a single bench of Justice S K Shinde, solicitor general Tushar Mehta, appearing for the ED, brought to the court's attention a note addressed by the HC registry department, saying the plea ought to be heard by a division bench (comprising two judges).

"If the registry has raised an objection, then it ought to be cleared first as a single bench might not be able to decide on certain issues and challenges in a petition," Mehta said.

Senior counsel Vikram Chaudhri and advocate Aniket Nikam, appearing for Deshmukh, however, opposed and said the single bench had the jurisdiction to hear the plea.

Justice Shinde said he would consider the issue and pass orders on September 13.

"The registry has raised this objection. I will deal with this issue and pass orders," Justice Shinde said.

The ED had initiated a probe against Deshmukh and his associates after the CBI filed its FIR against the NCP leader on April 21 on charges of corruption and misuse of official position.

In his plea, Deshmukh said the action of the ED is a result of "political vendetta".

"This is a case where repeatedly they (ED) are creating undue sensation with selective leakage of information. They are issuing summons and now a lookout circular despite the applicant (Deshmukh) writing to them that the case is pending before the courts and seeking to appear virtually before the agency," Chaudhri said.

Chaudhri sought interim protection pending hearing of the plea, which was opposed by Mehta.

Deshmukh in his petition said the agency's whole case is based on the "malicious statements" made by dismissed cop Sachin Waze, who is presently in jail in the Antilia bomb scare and killing of businessman Mansukh Hiran case.

"The statements made by Waze, a tainted cop, are absolutely false and concocted with a malafide intention to defame.