Money laundering case: Bombay HC dismisses Jet Airways founder Naresh Goyal's plea against 'illegal' arrest

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PTI, a division bench of Justices Revati Mohite Dere and Gauri Godse said the petition cannot be entertained and hence stands dismissed. Naresh Goyal had filed a habeas corpus (produce the person) petition, claiming that he was illegally arrested by the Enforcement Directorate (ED) in the bank loan default case. In his plea, the Jet Airways founder claimed his arrest was illegal as it was done without following provisions of the Prevention of Money Laundering Act (PMLA).

He also challenged orders of the special court which had remanded him in ED's custody first and thereafter to judicial custody. In its order, the bench noted that the 74-year-old had not raised these grounds before the special court when he was produced by the Enforcement Directorate (ED). "None of the grounds i.e.

non-handing over of a copy of the grounds of arrest, illegality of petitioner's arrest, non-production before the competent court within 24 hours, were ever raised at the time of the 1st or 2nd remand of the petitioner," the high court was quoted by the PTI as saying. In the present case, it cannot be said that the remand orders are absolutely mechanical or suffer from the vice of lack of jurisdiction, warranting our interference in this writ petition, which seeks a writ of habeas corpus, it added. "The petition of habeas corpus is not maintainable," the HC said.

The ED had opposed the plea and said the arrest was done after following procedure of law and that his custody was required as he was evasive and not cooperating with the probe. The agency in its affidavit had said the petition filed by Goyal was totally "false, frivolous, vexatious, bad in law and filed with an ulterior motive". It added that the plea was merely an instrument to