Court allows ED custody of Mumbai businessman Pravin Raut, but with riders

MUMBAI: Observing that it cannot be a helpless bystander, a special PMLA court on Tuesday while allowing the Enforcement Directorate's plea seeking jailed businessman Pravin Raut's custody in another case in Delhi, said that the investigating officer will have to file an undertaking that once his custody is over, he will be resubmitted in Arthur Road Jail, Mumbai, immediately.
The court also said that Raut's bail hearing in the money laundering case before it will also have to be completed first.
"I strongly feel that once accused is handed over to Enforcement Directorate without taking undertaking, there is eminent danger that he will not be returned to this court and the court will have to be a silent spectator," special judge M G Deshpande said.
Last week the prosecution submitted that it was not in the hands of the investigating agency to give an undertaking. The court said since it is the "custodian of rights of accused", it felt it necessary to impose the condition due to the recent facts where two other accused, the Wadhawan brothers, were directly transferred from jail without the prosecution making any application intimating it. The court said that till date they have not been readmitted to Taloja jail. The court said that their trials are pending and both of them are 'trialless'.
Pointing out to other circumstances in Raut's instance, the court said that all this prima facie indicates that the same horrific scenario is likely to happen with him. It further said that a note needs to be taken that it was time to break the trend of the modus operandi availed by certain investigating agencies.
On July 16, the ED had moved the court wanting to produce Raut before a court in Delhi in connection with a money-laundering case against PACL Ltd and group companies. The court had then said that in light of the episode involving the former DHFL promoters, Dheeraj and Kapil Wadhawan, and as there was no letter from the court concerned, it would be proper to allow Raut to make submissions on the ED plea.
The court further said that in the case of the Wadhawans they were straightaway picked up from jail and taken to Lucknow without intimating it. The court said in Raut's case the production warrant was sent to Arthur Road jail.
The court said that in order to safeguard the Wadhawans' rights it had sent request letters to the Lucknow court four times in June and July. It said that "shockingly", except the reply by the CBI simply referring to orders passed by the Lucknow court, no information was given to it. The court said these are horrific consequences of the responsibility given by the superintendent of Taloja jail to the investigating agency.
Raut's lawyer had submitted that the situation had created a fear psyche in his mind that he is likely to be transferred to various other cases once taken to Delhi.