Khadse's plea to quash summons not maintainable: ED to HC

Khadse's plea to quash summons not maintainable: ED to HC
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The Enforcement Directorate toldBombay High Court on Monday a plea filed by NationalistCongress Party leader Eknath Khadse to quash summons issued inan Enforcement Case Information Report (ECIR) registered inOctober last year was ''not maintainable''.

Additional Solicitor General Anil Singh, who appearedfor the ED, told a bench of Justices SS Shinde and ManishPitale that an ECIR was not like an FIR but it was an internaldocument.

''Mere registration of ECIR does not make a person anaccused. The ED only issued summons to him for questioning.

Therefore, there was no question of quashing the ECIR,'' Singhsaid.

''One cannot come to court asking that summons alreadyissued against one be quashed, and prevent the agency fromissuing any summons in the future too,'' ASG Singh said.

Khadse's plea, therefore, was not maintainable, theASG said.

He also cited some previous judgements of the Supremecourt to state that ''those holding public offices had a highermoral obligation to uphold decorum of their post'' and,therefore, Khadse did not deserve any relief from HC.

Khadse had approached HC last week seeking that thesummons against him be quashed, and also sought interimprotection from coercive action pending hearing of his plea.

The summons and ECIR pertain to a case ED had lodgedin 2016 on a land deal in Pune's Bhosari area.

Senior advocate Abad Ponda, appearing for Khadse,however, argued on Monday that his client was entitled toseeking every relief from HC, including quashing of summons.

He said Pune police had filed a closure report in 2017stating it had not found any evidence against Khadse.

A special court in Pune, however, is yet to takecognizance of the closure report.

The HC adjourned further hearing in the case toJanuary 28, and extended, till the next date, the interimprotection from any coercive action granted to Khadse lastweek.

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