Written by Omkar GokhaleMumbai | Updated: October 17, 2025 01:47 AM IST 4 min readThe HC clarified that its findings were only related to legality of Pawar's arrest and they shall not affect ED's case when the chargesheet is examined by the trial court in further proceedings.The Bombay High Court, while declaring the arrest of former commissioner of Vasai Virar City Municipal Corporation (VVCMC) Anilkumar Khanderao Pawar by Enforcement Directorate (ED) as “illegal,” observed that “there was no prima facie case made out against” him for his arrest on August 13.The case was related to alleged bribe collection for construction of 41 residential and commercial buildings in the Vasai-Virar region of Maharashtra, including on government land.The court also said that the case built by ED on the statement of the co-accused of the existence of a “codeword system” used for collection of bribe/commission did not lead anywhere, as there was no recovery from Pawar’s premises or from his family members.Even as the ED lawyer submitted that the Prosecution Complaint (chargesheet) has now been filed giving details of materials collected by ED post-arrest, the HC opined that “any material collected by the ED after August 12, 2025 cannot be looked into to examine the legality of the arrest of the petitioner on August 13 2025”. It added that ED can use such a material in the chargesheet to support its case against the petitioner before the trial court.While a division bench of Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad allowed Pawar’s plea on Wednesday and ordered his release, a detailed order was made available on Thursday.The central agency, on August 13, arrested Pawar, Y S Reddy, the suspended officer who was the deputy director of town planning of VVCMC and others. The ED claimed total proceeds of crime amount to Rs 300.92 crore, with Rs. 169 crore allegedly linked to Pawar.“The case built up by the ED based on the statement of Mr. Y. S. Reddy that a codeword system for collection of commission was devised, and that huge tainted money was received, does not lead anywhere inasmuch as no recovery was effected from the premises of the petitioner or from his possession or in the possession of his family members,” the HC noted in its order.Story continues below this adThe HC observed the ED did not plead that any cash, ornament or unaccounted property which can be said to be proceeds of crime has been recovered from petitioner’s possession or his premises.The HC observed “no prima facie case made out against the petitioner for his arrest on August 13” and “same and and similar facts are reiterated in the grounds of arrest”, therefore ED’s stand was “speculative and based on hazy facts.”“The petitioner cannot be said to be party to the illegalities committed at that time. The allegations of keeping a blind eye and taking no action over the rampant illegal constructions on government/private land and the petitioner receiving more than Rs.17.75 crores from Mr. Y. S. Reddy is without any description of such a project and no details of the development plan being disclosed by the ED.”The bench also noted the ED “does not have any incriminating material such as WhatsApp chats, diary, message etc. recovered from the possession of the petitioner or his mobile phone.”Story continues below this adIt went on to observe that “no details of any investments made or the so-called company, partnership etc. formed by the wife of the petitioner or his family members as sought to be projected by the ED are provided.”The HC observed that Pawar was “not named as an accused” in the FIR lodged by the Police on August 1 after raids were conducted at Reddy’s premises where cash and ornaments were seized. The court said there was “no reference of involvement of any probable accused in commission of such crime by Reddy.”The HC clarified that its findings were only related to legality of Pawar’s arrest and they shall not affect ED’s case when the chargesheet is examined by the trial court in further proceedings.Stay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt LtdTags:Mumbai