Express Investigation: How probe pivots on political flip-flops in the case of Ajit Pawar

Based on this FIR, the ED registered an Enforcement Case Information Report (equivalent to an FIR) in September 2019. The report also listed the names of NCP supremo Sharad Pawar; Congress leaders Jayant Patil, Diliprao Deshmukh and (the late) Madan Patil; NCP’s Ishwarlal Jain and Shivaji Rao Nalawade; and Shiv Sena’s Anandrao Adsul.

In November 2019, as the two agencies continued their probe, questioning suspects, the Shiv Sena left the NDA and formed the MVA government with Congress and NCP. In October 2020, with Ajit Pawar part of the government now, the EOW filed a closure report in the case.

The ED, however, challenged this closure report in court through an intervention application arguing there was evidence that needs to be investigated. But its challenge was rejected on the ground that it had no locus standi to interfere in the Mumbai EOW probe. In fact, the EOW argued that ED was taking “undue interest” in the case.

From the ED’s point of view, its case against Ajit Pawar would become infructuous if the Mumbai EOW closed its FIR because it cannot probe a money laundering case without a predicate offence — a pre-existing FIR of financial fraud or corruption by another agency. In this case, it had even attached assets to the tune of Rs 65 crore earlier, in July 2021.

Eventually, in April 2022, the ED filed a prosecution complaint (equivalent to a chargesheet) naming a clutch of companies. A month later, Eknath Shinde and about 40 other MLAs walked out of the Shiv Sena and formed a government with the BJP, bringing an end to the MVA rule.

Three months later, in October 2022, the Mumbai EOW again went to court, now with a plea to reopen the case against Ajit Pawar and make further investigations based on evidence, it said, was found by ED.

But then came another political twist.

A year later, in July 2023, Ajit Pawar split the NCP and joined the NDA with seven other party leaders including Praful Patel and Chhagan Bhujbal. He later took oath as Deputy CM.

In September 2023, the ED filed two supplementary chargesheets in the case where it named the Sharad Pawar-led NCP faction’s MLA Prajakt Tanpure among other politicians, including a former MLA from the Eknath Shinde camp. It did not name Ajit Pawar.

Following this, in January 2024, the Mumbai EOW approached the court saying further investigation had not found any evidence and filed a second closure report in the case. The ED has since approached court with another intervention application.