The Supreme Court decided on Wednesday to hear Nawab Malik, a convicted Maharashtra minister and NCP leader, in his request for early release from prison in a money laundering case. The remarks of veteran lawyer Kapil Sibal, who was representing the NCP leader, were noted. By a bench led by Chief Justice N V Ramana, who ordered him to give papers to the bench.
The bench, which included justices Krishna Murari and Hima Kohli, remarked. “Please hand the papers”. The Prevention of Money Laundering Act (PMLA) was enacted in 2005. And the minister has been charged under it for alleged crimes committed before 2000, according to Sibal. The ED arrested Malik for a property deal allegedly tied to mobster Dawood Ibrahim’s aides. The minister filed a habeas corpus petition in the high court shortly after his detention. Disputing his arrest and remand orders.
Malik has filed an appeal against an order of the Bombay High Court rejecting his interim application for immediate release in the case. Malik has appealed the March 15 ruling of the high court’s division bench, which had dismissed the motion, arguing that just because the special PMLA court’s order remanding him in detention is not in his favour does not make it illegal or improper.
Nawab Malik calls it “Unconstitutional”
Nawab Malik filed a habeas corpus petition at the high court after the Enforcement Directorate arrested him under the PMLA’s provisions, saying that his arrest and subsequent remands were unconstitutional. Malik’s counsel had argued before the PMLA court and vigorously opposed the ED’s motion for the minister’s custody, according to the high court.
“There is also merit in the submissions of the Additional Solicitor General (ASG). That merely because the special court granted the custody of petitioner (Malik) would not make that order illegal ipso facto. Because the petitioner is aggrieved”. The high court had said. According to the high court, Malik was apprehended by the ED in compliance with the law. Remanded to the probe agency’s custody, and then to judicial custody after due procedure.
Malik had gone to the ED’s office for questioning on February 23, the day he was arrested, in response to previous summonses given by the central agency, according to the report. According to the high court, he was subsequently issued an arrest warrant and put into jail by the ED. The high court stated, “In the current instance. There is no question on the factual aspect that a custody order was issued. By the competent court of jurisdiction, the special court.”
Court holds ground
“Secondly, just because the order is against the petitioner does not make it plainly invalid”. The court stated. The top court stated that Malik’s appeal addressed several arguable points. And that the court needed to hear all sides’ arguments before making any final decisions. The federal agency has accused Malik of being a part of a criminal plot to seize a property in Mumbai’s Kurla neighborhood. Which is currently valued at Rs 300 crore and rightly belongs to one Munira Plumber. Malik had argued in front of the high court that he had purchased the land in a legal manner three decades ago. But Plumber had since changed her mind.