Nawab Malik Habeas Corpus Plea- Bombay High Court Hearing [DAY 4]- LIVE UPDATES
Desai on the Finance Minister's speech after amendments to the PMLA Act
Desai submits that the explanation was only to the effect whether words like "
"Possession" and "concealment" in section 3 were conjunctive or disjunctive. Ie. Should they be read with an "and" or "or".
Desai on ED's argument that twin conditions for bail under PMLA would apply in the present case.
Desai states that would go against the basic structure of a remedy under Art. 226. Self - restraint under Art 266 cannot be created by the legislature.
J Varale - Can we take it that your argument is that the order is descriptive but it failed to show application of mind.
Desai - The question to consider is that merely because there is an order of 8 pages, even if it doesn't recognise constitutional principles, relevant facts and circumstances on the subject, would it still be valid?
Desai - Just to point out, for a prima facie case, the doctrine of 'cavalier' is not a requirement as per Navalakha's judgement. That requires a very high degree of non-application of mind.
Desai says that Bhujbal had filed the habeas corpus petition nine months after his arrest.
Desai : Therefore we cited SC's judgement in Gautam Navlakha's case because Navlakha's habeas corpus pet. also challenged remand.
Desai : Whether to grant interim relief or not will be based on the matter at hand. However we need to first deal with arguments of maintainability.
Desai states that Bhujbal's plea was filed as at a much belated stages.
Desai is rebutting the judgements cited by the ASG Anil Singh yesterday.
They don't affect the law on habeas corpus. Chhagan Bhujbal's judgement cited by the ASG is completely inapplicable in the present facts of the case.