The Bombay High Court has rejected Nawab Malik's temporary release plea in the Dawood Ibrahim money laundering case

In a suspected money-laundering case involving fugitive gangster Dawood Ibrahim, the Bombay High Court on Tuesday denied Maharashtra Minister Nawab Malik's interim appeal to be released from judicial prison immediately. Malik has filed a habeas corpus (produce person in court) petition challenging the Enforcement Directorate's 'illegal' arrest (ED). He had asked for immediate release while the petition was being heard.

 

While dismissing the interim plea, a division bench of justices P B Varale and S M Modak said in a 47-page order that the minister had highlighted several "debatable grounds" in the petition. The court went on to say that just because the special PMLA court's ruling remanding Malik in custody in the case was not in the minister's favour didn't make it illegal or improper. Malik had the best legal counsel available, and his lawyer had aggressively resisted the ED's plea for custody. Nonetheless, for sound legal reasons, the special court remanded him in the custody of the ED and then in judicial custody.

 

"There is also substance in the submissions of the learned ASG (Additional Solicitor General, standing for the ED) that just because the learned Special Court gave Petitioner (Malik) custody does not make that order invalid ipso facto because the Petitioner is aggrieved," the HC remarked. The court also agreed with ASG's arguments that Malik had a right to "raise his grievance against arrest" and could file a bail application with the special court.

 

The court ruled that Malik had been arrested by the ED following the law and that he had been remanded in the ED's custody before being transferred to judicial custody. As a result, the High Court had no basis to issue an interim judgement ordering Malik's release, the court stated. The court noted that Malik had gone to the ED office for questioning on February 23, in response to the investigative agency's summons. The ED subsequently issued an arrest warrant and took him into custody. He had been informed of the reasons for his detention.

 

 

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