The Bombay High Court on Wednesday ruled that the Enforcement Directorate’s (ED) arrest of suspended Vasai Virar Municipal Commissioner and IAS officer Anilkumar Pawar on 13 August was illegal, citing a lack of sufficient tangible evidence at the time of detention. A division bench, comprising Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad, quashed both Pawar’s ED custody and subsequent judicial custody, declaring the arrest invalid.
During the hearing, the court scrutinized the ED’s case, pressing Additional Solicitor General Anil Singh to clarify the evidence supporting the arrest. Singh pointed to WhatsApp chats between Pawar and co-accused YS Reddy, along with statements from architects and builders, claiming these indicated a “clear conspiracy.” The bench, however, rejected this, observing that no incriminating material was recovered during the raid on Pawar and that relying solely on statements under the Prevention of Money Laundering Act (PMLA) and digital chats was insufficient. Chief Justice Chandrashekhar remarked, “No incriminating material was found when you raided the petitioner.”
The ED submitted a note asserting that the arrest involved “no illegalities” and citing additional material, including alleged money transfers from Reddy to Pawar’s wife. The court found this evidence inadequate to justify depriving Pawar of liberty, terming the arrest “unjustified.” Before release, the bench directed Pawar’s legal team—Senior Advocate Rajiv Shakdher, along with Karan Khetani and Ujjwalkumar Chavan—to provide undertakings ensuring he would not tamper with evidence or influence witnesses.
The case involves a Rs 300.92-crore money laundering investigation, with approximately Rs 169 crore allegedly linked to Pawar. Despite the chargesheet, the High Court’s verdict casts doubt on the ED’s procedures and the legal sufficiency of its evidence in securing arrests. Pawar remains in judicial custody pending completion of formalities for his release.
