Bombay HC dismisses Naresh Goyal's plea against illegal arrest by ED

On Tuesday, the Bombay High Court rejected a petition filed by Jet Airways founder Naresh Goyal, which contested his arrest by the Enforcement Directorate in a money laundering case related to bank loan default. A division bench comprising Justices Revati Mohite Dere and Gauri Godse ruled that the petition cannot be entertained and, as a result, dismissed it.

The court said it was open for Goyal to avail other statutory remedy like bail plea. Goyal had filed a habeas corpus (produce the person) petition in which he claimed he was illegally arrested by the ED in the case. In his plea, Goyal 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 a special court which had first remanded him in the ED's custody and thereafter in judicial custody. The ED opposed the plea and said the arrest was done after following the due process of law. Goyal's custody was required as he was evasive and not cooperating with the probe, it said.

The agency in its affidavit also said the petition filed by Goyal was totally false, frivolous, vexatious, bad in law and filed with an ulterior motive. The plea was merely an instrument to evade and escape the legal custody, the ED added. Goyal is currently in judicial custody and lodged at the Arthur Road jail in Mumbai in the money laundering case linked to an alleged fraud of Rs 538 crore at the Canara Bank.