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The Supreme Court on Tuesday listed for hearing after vacations, a petition filed by former Maharashtra Minister Nawab Malik, seeking bail in a case registered against him under the Prevention of Money Laundering Act (PMLA).
The Enforcement Directorate (ED) had arrested Malik on February 23 last year over his alleged connection to fugitive underworld Dawood Ibrahim and his sister late Haseena Parkar. Malik has since remained behind the bars.
While observing that the directions issued by the High Court cannot be bypassed, the Bench of Justice Sanjiv Khanna and Justice M.M. Sundresh listed Malik’s bail plea for hearing in July.
It further gave liberty to the High Court to hear the matter in the meantime.
Appearing for ED, Additional Solicitor General (ASG) S.V. Raju said that the national agency would be ready for the hearing next week.
Representing Malik, Senior Advocate Kapil Sibal apprised the top court of the country that the High Court adjourned the bail application to June 6 on the grounds of non-availability of the Additional Solicitor General.
Contending that Malik was suffering from health problems, Sibal asked the Apex Court to look at his client’s condition.
He requested the Apex Court to direct the High Court to take up the matter next week. However, the Bench refused to specify any date for hearing in the High Court.
Sibal had earlier sought bail on medical grounds for Malik, stating that one of his kidneys has already failed and the other one was giving away.
Malik was arrested on charges of purchasing a property at a rate lower than market value from gangster Dawood Ibrahim through his sister Haseena Parkar. He was allegedly picked up from his residence at 7 am on February 23.
After interrogation for over eight hours, Malik was arrested and remanded to ED custody for eight days, after which he was remanded to judicial custody.
Earlier on November 30, Special Judge R.N. Rokade in Maharashtra had denied him bail on the grounds that prima facie, there was evidence to indicate that a conspiracy had been hatched by Dawood’s sister Hasina Parkar, his driver Salim Patel and Malik to grab prime land owned by one Munira Plumber and her mother Mariyum Goawala.
Though Malik was not named in the scheduled offence but even otherwise, every process or activity, fell within the ambit of definition of money laundering, the Trial Court had observed.
The NCP leader challenged this order before the High Court, contending that despite finding flaws in the statement of witness Munira Plumber, the special court rejected his bail and even overlooked his serious medical condition.
Earlier, he had filed a Habeas Corpus petition in the High Court, which was dismissed. The Supreme Court had also upheld the High Court order.
The former Maharashtra Minister had applied for regular bail under Section 439 of the Code of Criminal Procedure, after the Special PMLA Court took cognisance of the charge sheet in May this year.