Bombay High Court protects ED officers from coercive action in State probe into Jitendra Navlani

The Bombay High Court on Wednesday granted interim stay for 3 weeks on any probe that could be initiated against Enforcement Directorate (ED) officials in relation to the investigation against businessman Jitendra Navlani [Enforcement Directorate v. State of Maharashtra & Ors.]. .A vacation bench comprising Justices Milind Jadhav and Abhay Ahuja protected ED officers from probable coercive action after the central investigating agency had approached the Court seeking transfer of Navlani’s case from the Mumbai Police to the Central Bureau of Investigation (CBI).The Anti-Corruption Bureau (ACB) wing of the Maharashtra police had lodged a first information report (FIR) against Navlani, for his alleged involvement in a corruption case after he allegedly extorted ₹58 crores from private companies between 2015 to 2021..Additional Solicitor General (ASG) SV Raju, appearing for ED, argued that the FIR in Navlani’s case was filed under the Prevention of Corruption Act (PCA) against unknown ED officials along with Navlani, who was not a public servant.He argued that for initiating enquiry or investigation against a public servant, sanction of competent authority is required, which the ACB had not obtained in the present case. .Special Public Prosecutor Pradip Gharat appearing for ACB, sought time to file a reply to the petition.In light of this, the Bench stayed any possible probe against the officers and directed that no coercive action be taken against the officers till the next date of hearing, which is after 3 weeks..The plea filed through Union panel lawyer DP Singh contended that the FIR smacked of malafides and was a clear attempt by the State machinery to thwart various investigations initiated against ministers of the State “several of whom are closely connected with the ruling dispensation in the State”.Although ED officers have not been named as accused in the FIR, statements of senior leaders like Sanjay Raut from Shiv Sena caused an apprehension that the investigation by the State had started with an obvious purpose.Raut had recently tweeted that ED officers and Navlani extorted over a ₹100 crore from builders and corporate offices and also claimed to have addressed a letter to Prime Minister Narendra Modi about the same.ED prayed for an order from the Court to transfer the investigation to any impartial agency like the CBI to ensure that the investigation progresses objectively..[Read Order]