Supreme Court Grants Bail To Former Maharashtra Minister Nawab Malik On Medical Grounds For Two Months

Update: 2023-08-11 10:19 GMT
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The Supreme Court on Friday granted bail to former Maharashtra Minister and NCP MLA Nawab Malik on medical grounds in money laundering case for two months. The interim order was passed by a division bench of Justice Aniruddha Bose and Justice Bela M. Trivedi.Solicitor General Tushar Mehta appearing for the Enforcement Directorate did not object to grant of bail on medical grounds....

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The Supreme Court on Friday granted bail to former Maharashtra Minister and NCP MLA Nawab Malik on medical grounds in money laundering case for two months.

The interim order was passed by a division bench of Justice Aniruddha Bose and Justice Bela M. Trivedi.

Solicitor General Tushar Mehta appearing for the Enforcement Directorate did not object to grant of bail on medical grounds. Senior Advocate Kapil Sibal appeared for Malik who has been behind bars since his arrest in February 2022.

"The complaint has been filed, I don't see why I need to be inside." Sr. Adv Sibal submitted in Court. He also stated that Malik has been undergoing treatment for 16 months due to a kidney ailment. 

SG Tushar Mehta submitted that there is no objection to bail being granted on medical grounds for a stipulated period. 

"The petitioner is at present in Criticare hospital, Mumbai, being treated for ailments related to the kidney and other organs. Let him be released on medical bail for 2 months. As regards the main petition, let the counter affidavit be filed in 5 weeks, rejoinder thereafter within 3 weeks. List after 10 weeks", the Court stated in its order.  

Malik's petition was filed through AOR Jayanth Mohan. 

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. On July 13 this year, a single-judge bench of Justice Anuja Prabhudessai refused to grant  Nawab Malik temporary bill, while directing the matter to be listed after two weeks to be heard on merits.

ICase Title: Mohammad Nawab Mohammad Islam Malik @ Nawab Malik V The Directorate Of Enforcement, SLP(Crl) No. 8836/2023 

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