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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Desai - Any date after his release we are willing to go for a full hearing of the matter, but kindly grant him interim relief. He has already spent 16 days in prison.
Desai thanks the bench for a patient hearing.
Adjourned to 10am tomorrow for EDs argument.
Desai now comes to the well known SC judgement ordering ArnabGoswami's interim release in Anvay Naik suicide case.
Desai - It was a bonafide sale transaction.. But now I must spend the next five years in jail because Munira says she didn't give a power of attorney which has been registered 22 years later.
Desai - Munira Plumber (original owner) on her own showing has been associating with these gangsters since she gave the power of attorney.
Desai - As an accused at this stage, I cannot insist on the ECIR. But who is talking about extortion? The henchmen of the D- gang who are accused and convicts themselves.
Desai - Regarding 2019, there is no period for offences of extortion by his men. Is the extortion more than Rs 30 lakhs or less? Nothing
Desai -In the Feb 3, 2022 FIR (NIA's case against Dawood) they have not told the court who committed the offence...Is it an offence from 2003 or 1993.
Desai- Section 3 must be in the book. The scheduled offence must also be there in the book.
Desai again goes back to the 2005 PMLA.
Desai - 2(2) which is definition of proceeds of crime...Even on reading of the section 3, no offence is made out.
Desai - My submission is that those are constitutional questions which deal with a person's liberty, those question's will be decided, but his liberty should not be curtailed, and his case should be considered for interim relief.