[Khichdi Scam] Shiv Sena (Uddhav) Member Moves To Bombay High Court Against ED Arrest

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A bench comprising Justice Revati Mohite Dere and Justice P.K. Chavan directed the ED to respond to Chavan’s plea, scheduling the next hearing for November 14.

MUMBAI: The Bombay High Court on Thursday(24th Oct) issued a notice to the Enforcement Directorate (ED) in response to a petition filed by Suraj Chavan, a member of the Shiv Sena (Uddhav Thackeray faction), challenging the legality of his arrest and custody by the ED in a money laundering case.

A bench comprising Justice Revati Mohite Dere and Justice P.K. Chavan directed the ED to respond to Chavan’s plea, scheduling the next hearing for November 14.

Chavan, reportedly close to Aaditya Thackeray, was arrested on January 17 for alleged irregularities in distributing khichdi to migrant workers through the Brihanmumbai Municipal Corporation (BMC) during the Covid-19 pandemic.

BRIEF FACTS

The case revolves around allegations of a fraudulent scheme involving khichdi supply contracts awarded by the BMC. Contractors, including Force One Multi Services and Sahyadri Refreshment, were accused of securing these contracts at an inflated rate of Rs 33 per packet (plus GST), despite not meeting eligibility criteria. Instead of the required 300-gram portions, they allegedly supplied substandard 100-gram packets.

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The FIR claims these companies misappropriated public funds, causing a financial loss of Rs 6.37 crore to the BMC. Chavan is accused of using his political influence to facilitate the award of these contracts.

Following his arrest, Chavan contested the ED’s request for remand. On January 18, 2024, the ED sought eight days of custody, which the PMLA court partially granted, remanding him until January 22. His custody was later extended until January 25.

Accused Chavan unlawfully obtained “proceeds of crime” amounting to Rs 1.35 crore, the report alleged.

“Further investigation under ED custody revealed that the Rs 1.35 crore received by Chavan from Force One Multi Services was used for purchasing a residential flat, acquiring agricultural land, investing in a dairy business, settling personal tax liabilities, and covering other personal expenses,”

the agency stated.

In his petition to the High Court, Chavan argued that the remand orders were issued without adequate justification and violated his fundamental rights under Articles 21 and 22 of the Constitution. He claimed the accusations regarding insufficient khichdi supply were speculative and lacked credible evidence.

Chavan further alleged procedural lapses, asserting that his arrest violated the Prevention of Money Laundering Act (PMLA) as he was not provided written reasons for his arrest, undermining his legal rights. He also maintained that he was never summoned prior to his arrest and had cooperated fully with the investigation, making his detention unnecessary.

Additionally, Chavan pointed out that he was not named as an accused in any scheduled offence under the PMLA, weakening the legal basis for his arrest. He has requested the High Court to quash the arrest order, remand proceedings, and all related actions taken by the ED, claiming they were arbitrary, unjustified, and devoid of proper legal grounds.

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