Nawab Malik Habeas Corpus Plea- Bombay High Court Hearing [DAY 3] - LIVE UPDATES

Matter adjourned for tomorrow 10am.

The bench says that it will grant interim relief to allow the petitioner to travel to Australia, however, the petition will have to be amended and argued.

Court observes the lawyer hasn't come prepared,repeatedly asks under which category of Bhajanlal's Judgement would this Australian woman's case lie, to quash the FIR.

FIR pertains to an altercation with the police. Now Malik's counsels Sr Adv Desai, Kushal Mor are helping her.

J Varale is taking up another urgent matter as the applicant has to leave for Australia by tonight's flight.

J Varale - We will come back to you Mr. Desai (for rejoinder arguments )

ASG- Whatever I have argued is without prejudice. A Habeas corpus petition doesn't lie in the present case because the special judge's order is neither mechanical, nor is it passed without application of mind or jurisdiction. 

ASG is dealing with a previous order of the HC that subsequent remands (after the first one) would be without prejudice to the rights and contentions of the parties. 

The ASG is referring to these judgements to show how Malik's case is distinguishable from these cases cited. 

ASG- Virendra Singh was cited by them in context of possession.

ASG - The observation or finding is not about possession, it was about supply. Ot was observed that 'the appellant is not a prisoner' at the time of the offence. 

Regarding the judgement of Chidambaram ASG says that the court does not decide the issue as it says "we are not going into the issue"

ASG- Also it is not their case that the ground for arrest were not communicated to him.

ASG referring to Tech Mahindra's judgement. "It was passed by a single judge bench"

The judgement doesn't consider that PMLA is a continuing offence.