NSEL Case: Jignesh Shah’s Arrest and Detention Illegal, Lawyer Tells Court
A special Prevention of Money Laundering Act court in Mumbai rejected the Enforcement Directorate’s plea for a short extension in the Jignesh Shah bail hearing till August 3.
Jignesh Shah’s lawyer, Abad Ponda vehemently opposed any extension and argued that his client’s arrest and detention were illegal.
The judge agreed to hear Ponda and directed Hiten Venegaonkar, special counsel for the Enforcement Directorate, to respond on August 2.
Ponda, relying on a decision by a division bench of the Punjab and Haryana High Court, argued that neither the ED nor any other agency had the power to arrest under Section 19 of the PMLA Act, once a court had taken cognizance.
Quoting from the judgement, he said that at the post cognizance stage, any person already arraigned under sections 3 and 4 of the PMLA Act (Shah is arraigned under these sections), cannot be arrested except if the court issues a warrant.
He also reiterated that the court had on December 4, 2015 taken the view that this was not a case of warrant but of summons, and that this had not been challenged by the ED .
The anti-money laundering court is expected to issue an order on August 2 after the ED counsel responds.
Timeline of The Case
- September 30, 2013: Economic Offences Wing files FIR against Jignesh Shah
- August 14, 2013: Enforcement Directorate files its investigation report
- May 7, 2014: Shah is arrested by Mumbai Police
- August 22, 2014: Shah granted bail by Bombay High Court
- March 30 , 2015: ED files complaint before anti-money laundering court
- December 4, 2015: PMLA judge says fit case for summons, not warrant
- July 12, 2016: Shah arrested after extensive questioning by ED
- July 13, 2016: Shah remanded to ED custody for five days by PMLA court
- July 18, 2016: Shah remanded to judicial custody till August 1
- July 26, 2016: ED files reply to Shah’s bail application
- August 2, 2016: Court may rule on bail for Shah