Nawab Malik's Health Deteriorating Say Counsel, Bombay High Court Posts Bail For Hearing on January 6, 2023

Justice MS Karnik noted that Malik was already getting treatment at a private hospital therefore there wasn't an urgency. The court directed the Enforcement Directorate to file its reply to the appeal within two weeks and posted the matter for arguments post vacation on January 6, 2023.

The judge observed that in case of an emergency, the counsels could always approach the vacation bench.

The ED arrested Malik in February this year accused him of usurping a property in Kurla with the help of global terrorist Dawood Ibrahim's late sister Haseena Parkar between 1999-2006. It's 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 last week after the special court refused him bail November 30.

Senior Advocate Amit Desai assisted by Advocate Pooja Kothari for Rashmikant and Partners submitted that Malik's medical condition was serious. The doctors had opined the need to keep him under observation as they have noticed increased traces of blood in his urine and he may require a transplant. Therefore, the matter should be heard urgently, he said. 

However, Justice Karnik noted that Malik was already in the hospital since a couple of months and therefore there was no imminent urgency to take up the matter for final hearing.

BACKGROUND

It is the ED's case that Malik connived with D-gang members i.e. Haseena Parker (late), her driver Salim Patel (late) and Sardar Khan (1993 bomb blast convict), and usurped one Munira Plumber's 3 acre ancestral property in Kurla for a pittance despite the ready reckoner rate of the property being Rs 3.54 crore between 2003-05.

According to the agency a power of attorney given by Plumber to Patel and Khan for removing encroachments on her land was misused to sell the property to a company owned by Malik's family.