Bombay HC seeks ED’s reply to Maharashtra Minister Nawab Malik’s plea towards his arrest in cash laundering case

By PTI

MUMBAI: The Bombay High Court on Wednesday directed the Enforcement Directorate (ED) to file its reply to Maharashtra minister Nawab Malik’s petition difficult his arrest in a cash laundering probe linked to fugitive gangster Dawood Ibrahim and his aides.

Malik was arrested by the ED final week and is within the central company’s custody until March 3.

The minister can be produced earlier than a particular court docket on Thursday.

The NCP chief on Monday filed a petition within the excessive court docket searching for to quash the case and likewise the order handed by a particular court docket remanding him to the ED’s custody.

Malik sought his quick launch and a course from the excessive court docket to declare his arrest as unlawful.

The state Minority Affairs Minister alleged that he was illegally arrested for being a “vocal critic of the misuse of central agencies”.

A division bench of Justices S B Shukre and G A Sanap on Wednesday briefly heard Malik’s counsel Amit Desai.

Additional Solicitor General Anil Singh, showing for the ED, sought time to file his affidavit.

“There are certain allegations made in the petition. We (ED) will have to deal with it,” Singh mentioned.

The bench posted the plea for additional listening to on March 7, noting that on that day the common bench listening to prison petitions can be obtainable.

“If in the meantime there is any subsequent remand or order passed by the special court, then it would be without any prejudice caused to the rights and contentions of both the petitioner (Malik) and the State (ED),” the court docket mentioned.

Desai had argued that the petition raises the query of Malik’s private liberty.

“The ED is relying on statements of certain persons who are accused of being members of fugitive gangster Dawood Ibrahim. Malik is not involved with that group,” Desai mentioned.

He additional argued that the ED’s case is to solely create a false and mistaken impression of Malik, who has been in public service since 25 years, with this group.

The senior counsel additional mentioned that the alleged offence pertains to the transactions executed method again in 1999.

In his petition, Malik had mentioned that he was not the primary to be focused and it is a worrying development throughout the nation, the place central companies are being misused by the social gathering in energy.

Malik in his petition mentioned he was forcibly picked up from his residence by the ED officers on February 23 with none discover or summons underneath part 41A of the Criminal Procedure Code.

The minister in his plea mentioned the February 23 order of the particular court docket designated to listen to the Prevention of Money Laundering Act (PMLA) circumstances was with out jurisdiction.

The ED’s case is that Malik in connivance with Dawood Ibrahim’s aides – Haseena Parker, Salim Patel and Sardar Khan – hatched a prison conspiracy for usurping one Munira Plumber’s ancestral property in Kurla having present market worth of round Rs 300 crore.

Thus, it’s proceeds of crime, the company claimed.