Bombay High Court To Hear Nawab Malik's Plea Against ED Arrest Tomorrow

A bench of Justice SS Shinde and NR Borkar granted circulation and directed that the matter be placed before an appropriate bench tomorrow.

The matter was mentioned by advocates Taraq Sayed and Kushal Mor instructed by Rashmikant & Partners.

Malik has alleged "illegal arrest," for being a "vocal critique of the misuse of Central agencies."

In the habeas corpus petition Malik has sought quashing of ED's ECIR against him, immediate release, a declaration that his arrest was illegal. He has further sought to quash the Special Court's order remanding him in ED's custody.

Facts of the Case Malik, a 5-time MLA was arrested by the enforcement directorate on February 23, 2022 in a money laundering case based on NIA's FIR registered against global terrorist Dawood Ibrahim on February 3, 2022.

ED alleged that Malik in connivance with D-gang members i.e. Haseena Parker, Salim Patel and Sardar Khan hatched a criminal conspiracy for usurping one Munira Plumber's ancestral property in Kurla having current market value of around Rs.300 crores. Thus, it is proceeds of crime under section section 2(1)(u) of PMLA, the ED claimed. The ED relied on documents executed between March 1999 to September 2005.

Malik claims that in breach of section 19 of the PMLA Act and section 41A of the CrPC he was served with a summons by the Enforcement Directorate after his detention. He further alleged that PMLA couldn't be applied for the offence allegedly committed 20 years ago, before the act was enacted.

Malik said there was no predicate offence made out as he had nothing to do with the D-gang. He said the Power of Attorney on the basis of which the property was sold to him permitted sale. So the original owner couldn't feign ignorance now.