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The Bombay High Court today asked the Enforcement Directorate (ED) to submit its affidavit on a petition filed by Sanjeev Palande, an arrested aide of former Maharashtra Home Minister Anil Deshmukh, that seeks to quash the money laundering case lodged against him by the agency.

A division bench of Justice S. S. Shinde and Justice N. J. Jamadar was hearing Palande’s plea that has also challenged the constitutional validity of certain provisions of the Prevention of Money Laundering Act (PMLA), under which he has been booked.

Additional Solicitor General Anil Singh, appearing before the bench for the ED, sought time to respond to the plea.

The ED had initiated a probe against Deshmukh and his associates after the CBI lodged an FIR against the NCP leader on Apr 21 this year on charges of corruption and misuse of his official position.

Palande, an Additional Collector-rank official who was working as Deshmukh's personal secretary, was arrested by the ED on Jun 26 in the money laundering case. He is presently in judicial custody.

Palande’s plea, which was filed last week, said that the FIR registered by the ED was "politically motivated" and that the whole case is based on vague allegations made by dismissed police officer Sachin Waze, who has been arrested by the National Investigation Agency (NIA), a central agency.

"The petitioner cannot be prosecuted on the statement made by Waze as he is in the custody of the NIA, another agency operating under the Union of India," the petition said.

Palande further alleged that he has been booked and arrested only "with an intention to create false evidence against the former Home Minister of Maharashtra, Anil Deshmukh, and to disrupt the stability of the state of Maharashtra".

In his plea, Palande claimed that the ED has been acting "arbitrarily and ultra vires to the Constitution of India" and that he has not committed any offence and has been falsely implicated.

"The ED lacks jurisdiction for invoking provisions of the Act (PMLA) against the petitioner (Palande) as the predicate offence, on the basis of which the present case is lodged, does not make any allegation against the petitioner," the plea read.

"The present case is baseless, premature and deserves to be quashed," it added.

Palande further claimed that the allegations that Deshmukh, the then Home Minister, had a role in the transfer of police personnel, are incorrect as the Chief Minister has control over the same and it is done on the recommendation of the Police Establishment Board.

Earlier, former Home Minister Anil Deshmukh had approached the Bombay High Court challenging the summons issued to him by the ED in the alleged money laundering case.

The matter was listed before Justice Revati Dere on Thursday. However, she did not hear the matter saying, “Not before me. Deshmukh’s plea will be listed before the appropriate court today."

ED has so far issued five summons to the former minister asking him to record his statement in connection with the money laundering case probed by the agency.

Deshmukh has skipped all the summons saying that he has approached the Supreme Court.

According to the ED, while serving as the state Home Minister, Deshmukh had allegedly misused his position and collected through Waze, Rs 4.70 crore from various bars and restaurants in Mumbai. The money was then allegedly laundered by the accused persons to a Nagpur-based trust 'Shri Sai Shikshan Sansthan', an educational trust controlled by Deshmukh's family members.

The court asked the agency to file its affidavit in Palande’s plea and posted the matter for further hearing on Sep 28.

Case Title: Sanjeev Palande v. State of Maharashtra