A Special PMLA Court has observed that a person arrested and further remanded to judicial custody cannot carry his profession as the same goes under legal restrain automatically.
An application by the applicant was put before the Special Court P.M.L. Act, GR. Bombay for allowing his Advocate to attend his matters pending before the Bombay High Court, Bench at Nagpur
and for that transit remand be granted to his advocate.
The application says that the advocate is representing the applicant in Election Petition and it is on verge of final stage. It is alleged that Mr. Satish Uke (advocate) was arrested by the Enforcement
Directorate. He was taken to Mumbai without any transit remand by taking law in hand by the ED. He was not produced before the Court within 24 hours. None of the Courts initiated any action against such act of ED, though ED took law in their hand. It is further alleged that, his matter was scheduled before the Hon'ble High Court, but Mr. Uke, his Advocate was absent, hence, it was
adjourned for four weeks. Even thereafter, it was adjourned time to time due to the same reason.
He further contains that, his Advocate Mr. Uke is the only person who accepted his brief, though he was ready to pay huge fee to the other lawyers, but no one responded him. In this background he further referred how allegations made by him in the said Election Petition are true and he wants Mr. Uke to argue the matter before the High Court.
The Court observed that the application regarding illegality in the arrest of Mr. Uke, made by the applicant is without any locus and the same is baseless. Regarding the contention of the applicant as to how there is merit in his Election Petition, the Court did not speak anything on the matter as it is pending before the High Court. It has to be noted that, once any person is arrested and further remanded to judicial custody, there is complete legal restraint on his professional activities.
Therefore, the prayer made in this application was rejected.
Case : Suresh Shamrao Hedau At Post Arvie, TalKoregaon V. Enforcement Directorate
Coram: Justice M.G. Deshpande (Special Judge under PML Act)
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