Supreme Court Adjourns Hearing in Former Maharashtra Minister Nawab Malik's Plea in Money Laundering Case

A bench of Justices Sanjiv Khanna, Bela M Trivedi, and Justice Ujjal Bhuyan was hearing a special leave petition filed by Malik against May 2 order of the Bombay High Court adjourning his medical bail application to June 6. Yesterday, the Bombay High Court refused to grant the Nationalist Congress Party (NCP) leader interim bail on medical grounds and directed the matter to be listed after two weeks to be heard on its merits. The prolonged pendency in the bail application, the petitioner has argued, is contrary to the principles of law laid down by the top court and ground for his release on interim bail in view of his deteriorating health condition.

"As far as the Bombay High Court is concerned, Malik's application for interim bail was heard and yesterday, it was rejected. The regular bail matter will be taken up after two weeks," Additional Solicitor-General for India SV Raju informed the bench right at the outset, before arguing, "This petition had been filed against an adjournment which the high court had sought. He had argued this only with respect to interim bail. Now this matter has become infructuous."

On the other hand, the counsel for the petitioners argued that the petition ought to be heard at length by the top court. He also sought an adjournment, saying, "I am being led by Senior Advocate Kapil Sibal. I am requesting you to have this next week."

"To be very frank, it is already over," Justice Khanna said, "Interim bail has been rejected, which you may challenge. Challenge that please." Justice Trivedi added, "You can take instructions."

The counsel persisted in arguing that the petition had not become infructuous, saying, "Your Lordships, I am not asking for an order. Only an adjournment."

"This is an interim order. We cannot even pass any orders. What we did, by requesting the high court to hear and dispose of the application, was the only order possible. Due to your persuasion, we did that," Justice Khanna replied. The additional solicitor-general also said that the purpose of the petition had been achieved. "Nothing survives," he added. 

"Please have it on Monday," the counsel urged. 

"Alright," the judge acceded, directing the petition to be listed on Monday, July 17 to be heard. 

Background

The Enforcement Directorate arrested Nawab Malik on February 23 of last year in connection with a money laundering case linked to fugitive underworld don Dawood Ibrahim and his aides. According to the investigating agency, Malik connived with D-gang member and Ibrahim’s sister, Haseena Parker, and two others, and usurped a property in Mumbai’s Kurla between 1999 and 2006. The agency has alleged that since Parkar handled the illegal business of the notorious gangster and global terrorist, the money that Malik allegedly paid her, was ultimately used for terror funding, slapping charges under the Prevention of Money Laundering Act on the former legislator.

After a special court refused to grant him bail in November of last year, Malik approached the Bombay High Court. However, owing to his deteriorating health, Malik has been in custody at a private hospital to ensure continuous medical supervision.

During the hearing, the Bombay High Court wondered how bail could be granted despite the rigours of Section 45 of the Prevention of Money Laundering Act. Finally, yesterday, a single-judge bench of Justice Anuja Prabhudessai refused to grant Malik temporary bail, while directing the matter to be listed after two weeks to be heard on merits.

In the meantime, the former minister approached the Supreme Court, aggrieved by the adjournments granted by the high court in his bail hearing. The petition, filed through Advocate-on-Record Jayant Mohan, states:

“Though the application has been listed on 16 occasions, it has not been heard finally and decided till date, due to the matter not reaching, paucity of time, change in the roster or such other reasons and on the last date of hearing the matter has been adjourned on the ground that the additional solicitor-general appearing for the Enforcement Directorate is not available.”

The prolonged pendency of a bail petition, it has been submitted, is inconsistent with the basic precepts governing the right to life and personal liberty enshrined in Article 21 of the Constitution of India, besides flying in the face of the law as laid down by the top court. When this matter was taken up by the Supreme Court earlier this year, in May, a bench headed by Justice Khanna had adjourned the hearing, observing that the high court could not be bypassed. Directing the matter to be listed again in the second week of July, the bench pronounced, “In the meanwhile, we request the High Court to take up the pending bail application for hearing and disposal.”

Case Details

Mohammed Nawab Malik v. the State of Maharashtra | Special Leave Petition (Criminal) No. 6056 of 2023