Nawab Malik Habeas Corpus Plea- Bombay High Court Hearing [DAY 3] - LIVE UPDATES

J Varale says that ASG may restrict arguments to whether the Special Court's remand order falls in the category of 'mechanical' or 'absolutely illegal' as no one is questioning the jurisdiction or power of the Special Judge to pass the order. 

ASG is now arguing the maintainability of a habeas corpus petition. Malik's team had cited the SC judgement in journalist Gautam Navlakha's case. 

HC - You may make submissions on the maintainability of a habeas corpus petition and against interim relief. You can save your energy. Point of illegal arrest can be decided later. 

ASG on prayer C in the petition to quash the summons.

ASG- No writ can be issued against a private document. 

HC - Do you submit the ECIR along with the charge sheet (complaint).

ASG - Not necessary, but normally we submit.

HC - Also all the statements recorded?

ASG- yes, everything

HC - The issue is pending before the SC.

ASG - The issue that is pending is whether ED should register a case on the lines of an FIR and not whether the ECIR is an internal document or not.

ASG cites the recent Bombay HC judgement in Anand Rao Adsul's case. 

ASG on prayers of the petition. The first prayer is on Habeas corpus and to release, the second is on quashing the ECIR.

ASG - My submission is that ECIR is a private doc for internal purpose so there is no question of quashing since it does flow from a statute. 

HC after ASG refers to ED vs Dr VC Mohan

HC - It doesn't reflect much.

ASG- I showed the judgement to demonstrate 1. PMLA is an independent offence, 2. Rigours of 45 ii will apply. 

ASG - As for as the scheme of the Act is concerned, the Act has it's own offence under section 3 and 4.