High Court rejects Naresh Goyal’s plea against ED’s illegal arrest

On Tuesday, the Bombay High Court dismissed a petition brought by Jet Airways founder Naresh Goyal challenging his illegal arrest by the Enforcement Directorate in a money laundering case involving a bank loan default.

A division bench of Justices Revati Mohite Dere and Gauri Godse ruled that the petition could not be heard and was thus dismissed.

The court stated that Goyal could pursue alternative statutory remedies such as a bail petition.

Goyal had filed a habeas corpus (produce the person) plea, claiming that the ED had wrongfully arrested him in the case.

In his plea, Goyal argued that his arrest was unconstitutional since it was carried out in violation of the Prevention of Money Laundering Act (PMLA).

He also contested the orders of a special court, which remanded him first in the custody of the ED and then in judicial custody.

The ED disputed the plea, claiming that the arrest was carried out in accordance with the law.

According to the report, Goyal’s custody was necessary since he was evasive and refused to cooperate with the investigation.

In its affidavit, the agency also stated that Goyal’s petition was false, frivolous, vexatious, bad in law, and filed with an ulterior motive.

“The plea was merely an instrument to evade and escape the legal custody”, the ED continued.

Goyal is currently in judicial custody at the Arthur Road jail in Mumbai in connection with a money laundering case involving an alleged fraud of Rs 538 crore at the Canara Bank.

On September 1, he was arrested by the ED and brought before a special court, which placed him in the agency’s custody until September 14.

Naresh Goyal was placed in judicial prison for two weeks on September 14.

In his plea, Goyal argued that his detention was arbitrary, unnecessary, and carried out without the ED following proper procedure. He demanded immediate release.

The money laundering case arises from a Central Bureau of Investigation (CBI) FIR filed against Jet Airways, Goyal, his wife Anita, and several former Jet Airways executives in connection with an alleged Rs 538 crore fraud case at the Canara Bank.

The FIR was filed in response to a bank complaint alleging that it granted credit limits and loans to Jet Airways (India) Ltd totaling Rs 848.86 crore, of which Rs 538.62 crore was unpaid.

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