'Let Bombay High Court Hear' : Supreme Court Says On Nawab Malik's Bail Plea In Money Laundering Case

The Supreme Court on Tuesday adjourned to July the petition filed by former Maharashtra Minister Nawab Malik, who is in jail since February 23, 2022 following his arrest in a money laundering case by the Directorate of Enforcement.

Malik approached the Supreme Court aggrieved with the Bombay High Court adjourning his bail application to June 6. Observing that the High Court cannot be bypassed, the Supreme Court adjourned Malik's petition. While doing so, the bench comprising Justices Sanjiv Khanna and MM Sundresh stated that the High Court will be at liberty to take up the matter in the meantime.

Senior Advocate Kapil Sibal, appearing for Malik, expressed anguish at the bail application in the High Court being adjourned on the ground of non-availability of the Additional Solicitor General.

ASG SV Raju assured that the ED will be ready next week.  Sibal highlighted that Malik is suffering from health problems. "Look at his condition", Sibal exclaimed.

Sibal persuaded the bench to specify that the matter be heard by the High Court next week.  "Why can't it be taken up next week? He (ASG) is saying that they are ready next week", Sibal stated. However, the bench did not specify any date for the hearing in the High Court.

The ED arrested Malik in February last year alleging that he usurped a property in Kurla with the help of global terrorist Dawood Ibrahim's late sister Haseena Parkar between 1999-2006. It is the agency's case that since Parkar handled the gangsters' illegal businesses, the money was ultimately used for terror funding.

Malik approached the High Court after the special court refused him bail on November 30, 2022.

In February, the Bombay High Court sought to know how bail can be granted despite Section 45 of the Prevention of Money Laundering Act after it was informed that NCP leader Nawab Malik is suffering from kidney failure.

Section 45 provides for stringent conditions to grant bail to accused in money laundering cases.

Case Title: Mohammed Nawab Malik vs the State of Maharashtra | SLP [Crl] 6056/2023

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