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

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10 March 2022 11:08 AM IST

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

    The Bombay High Court will continue to hear Maharashtra Cabinet Minister Nawab Malik's habeas corpus plea. Malik claims his arrest is illegal and has sought immediate release. The bench of Justices PB Varale and SM Modak had began hearing arguments in Nawab Malik's habeas corpus petition challenging his arrest by the Enforcement Directorate and seeking immediate release in...

    The Bombay High Court will continue to hear Maharashtra Cabinet Minister Nawab Malik's habeas corpus plea. Malik claims his arrest is illegal and has sought immediate release. 

    The bench of Justices PB Varale and SM Modak had began hearing arguments in Nawab Malik's habeas corpus petition challenging his arrest by the Enforcement Directorate and seeking immediate release in the interim.

    Yesterday Senior Advocate Amit Desai appearing for Nawab Malik had completed his arguments.

    Today the Court shall hear arguments from Enforcement Directorate (ED) side. 

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    • 10 March 2022 11:18 AM IST

      ASG earlier read sec 3 of PMLA.He is now reading section 19 on the power to arrest.

      ASG- The requirement is must have "material in possession" and record "reasons in writing" and communicate to the accused.

      "All these requirements have been fulfilled in this case."

    • 10 March 2022 11:14 AM IST

      ASG - If he is involved in enjoying, using possessing as untainted, then he is covered under this section.

      ASG after reading the explanation of the section. 

    • 10 March 2022 11:13 AM IST

      J Varale points out that the words "directly or indirectly" will have to be read along with knowledge. 

    • 10 March 2022 11:13 AM IST

      ASG - So it is connected to any activity even if it is 'related' to a Sheduled offence. It is ANY activity.

      ASG points out Section 3 if PMLA 

    • 10 March 2022 11:13 AM IST

      ASG reads what is the proceeds of crime under PMLA.

      Section 2(u) of PMLA defines "Proceeds of Crime" as any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property...

    • 10 March 2022 11:13 AM IST

      ASG reads section 2(n)(a) of PMLA which is the def of investigation.

      ASTM So we are at the stage of investigation for the purpose of collecting evidence.

    • 10 March 2022 11:12 AM IST

      HC - You can read the four objectives of the Act.

      ASG reads. 

    • 10 March 2022 11:12 AM IST

      ASG - Money laundering was considered to be a serious threat not only to the financial system but also the integrity and sovereignty of the country due to it's international ramifications.

      Therefore the need for a law. To regulate activities related to money laundering.

    • 10 March 2022 11:12 AM IST

      Hearing begins.

      ASG Anil Singh for ED - I will show the scheme of the Act. 

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