Nawab Malik Habeas Corpus Plea- Bombay High Court Hearing- LIVE UPDATES

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9 March 2022 5:27 AM GMT

  • Nawab Malik Habeas Corpus Plea- Bombay High Court Hearing- LIVE UPDATES

    The Bombay High Court will continue hearing Maharashtra Cabinet Minister Nawab Maliks habeas corpus plea. Yesterday, the bench of Justices PB Varale and SM Modak began hearing arguments in Nawab Malik's habeas corpus petition challenging his arrest by the Enforcement Directorate and seeking immediate release in the interim.Yesterday, Senior Advocate Amit Desai appearing for Nawab Malik,...

    The Bombay High Court will continue hearing Maharashtra Cabinet Minister Nawab Maliks habeas corpus plea. 

    Yesterday, the bench of Justices PB Varale and SM Modak began hearing arguments in Nawab Malik's habeas corpus petition challenging his arrest by the Enforcement Directorate and seeking immediate release in the interim.

    Yesterday, Senior Advocate Amit Desai appearing for Nawab Malik, submitted that the retrospective applicability of the PMLA was already challenged before the Supreme Court and a person's  personal liberty cannot be curtailed when there are serious constitutional questions to be addressed.

     

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    • 9 March 2022 5:38 AM GMT

      Desai reads that incase where a party approaches the Court with a grievance that he is made to subject to criminal proceedings by initiating investigation by registering the FIR in relation to acts prior to the Statutes an Article 226 petition would be entertained.

    • 9 March 2022 5:31 AM GMT

      Desai is now reading a BombayHC judgement in Altaf Ismail Shailh vs State of Maha.

      J Varale - So Mr Desai, after travelling from Andhra Pradesh, Supreme Court, Punjab, we are finally back to our state.

      Desai - Our HC goes very lucidly into the jurisprudence. 

    • 9 March 2022 5:30 AM GMT

      Desai is reading SC's judgement in Virendra Singh vs State of Punjab 

    • 9 March 2022 5:30 AM GMT

      Desai refers to the Supreme Court's order on former finance minister P Chidambaram's ABA in a PMLA Case.

      Paras 41 and 42

    • 9 March 2022 5:30 AM GMT

      Desai submits that several offences were added to the schedule of the PMLA after 2009, which includes offences of conspiracy under section 120b of the IPC and Section 13 of the PC Act. 

    • 9 March 2022 5:30 AM GMT

      Desai is referring to Arun Kumar Mishra's judgement on retrospective applicability of the law. 

    • 9 March 2022 5:29 AM GMT

      Sr Adv Desai resumes his arguments.

      1st Judgement is on the Ex Post Facto Doctrine.

      "Just like Dawood Ibrahim, this incident will become part of a folklore."

    • 9 March 2022 5:29 AM GMT

      Hearing before Justices PB Varale and SM Modak begins. 

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