"The Enforcement Directorate has acted against the provisions of the (PML) Act and initiated investigation against Afroz Fatta," his petition said.
"The procedure adopted by the ED has been lacking a legal sustainability," it said.
Fatta's petition is likely to come up before Justice G R Udhvani for hearing tomorrow.
The ED, on March 21, had claimed to have busted a hawala racket to the tune of Rs 700 crore during searches at Surat offices of some diamond traders.
Using the bills, they transferred money to overseas banks, without ever importing a single diamond.
Congress recently released a photograph purportedly showing BJP's Prime Ministerial candidate Narendra Modi with Fatta, and dared Modi to face an independent probe. BJP yesterday sent a legal notice to Congress office bearers including Union Ministers Kapil Sibbal for defamation.