27 October,2023 06:04 PM IST | Mumbai | mid-day online correspondent
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In Mumbai, on October 27, a special court declined the application filed by Pankaj Bhujbal, the son of Maharashtra Minister Chhagan Bhujbal, and his nephew Sameer Bhujbal, who sought the termination of proceedings against them in a money laundering case due to the absence of a scheduled offence, stated a PTI report.
According to the report, Special Court Judge RN Rokade, while dismissing their request, explained that there is no provision in the Code of Criminal Procedure (CrPC) for discontinuing proceedings.
In 2016, the Enforcement Directorate (ED) charged Pankaj, Sameer, and 51 others under the Prevention of Money Laundering Act (PMLA) for various alleged infractions, including their involvement in the purported Maharashtra Sadan scandal, the report added.
Last year, Pankaj and Sameer Bhujbal presented their plea, arguing that, in accordance with Supreme Court guidelines, a PMLA case cannot persist without a scheduled offence. They invoked this rationale in requesting the cessation of proceedings in the money laundering case, stated the PTI report.
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According to the report, under PMLA provisions, the ED must have a prior First Information Report (FIR), signifying a scheduled offence, to take action against individuals implicated in the process or activity.
The ED's complaint against Pankaj, Sameer, and others is grounded in an FIR registered by the Anti-Corruption Bureau (ACB) regarding the Maharashtra Sadan scandal, along with a cheating case initiated by local police concerning the construction of a proposed residential building in Navi Mumbai. In both cases, they have been cleared of charges, the report stated.
The application, presented through the legal representation of advocates Vijay Agarwal and Sudarshan Khawase, contends that, in line with the apex court's directives, the special court lacks the authority to pursue legal action against the accused since they have been absolved of the scheduled offence.
Chhagan Bhujbal named as accused too
According to the agency report, the Ajit Pawar faction leader is also an accused in the case, however, he was not named in the plea as his discharge application in one of the Anti-Corruption Bureau cases is still pending. Moreover, four other accused--Sanjay Joshi, Tanvir Shaikh, Satyen Kesarkar and Rajesh Dharap--have also urged the courts to drop proceedings against them.
