Nawab Malik Habeas Corpus Plea- Bombay High Court Hearing [DAY 4]- LIVE UPDATES

Bombay High Court to pronounce order on Tuesday in Maharashtra Cabinet Minister Nawab Malik's habeas corpus petition challenging PMLA proceedings. 

Order on Tuesday. 

Arguments for interim relief in NawabMalik's habeas corpus petition are completed. 

J Varale says that such arguments enrich even the court.

Rise for a five minute break. 

ASG said the original def of Section 3 of PMLA includes "process" and "activity", which itself would consist of the petitioner's activities; therefore, the finance minister's speech would be clarificatory. 

ASG begins his rejoinder arguments. Says he will be brief.

ASG- Proceeds of crime, knowledge and projection, all three ingredients are present in this case. The remand order is neither mechanical or illegal. 

Desai - The ECIR doesn't serve any purpose if it supposed to be kept sealed forever. A full blown argument is required on this. 

Desai - Habeas corpus is the Brahmashirsha astra of the judiciary to protect personal liberty. It's the most powerful weapon. After 23, without even a semblance of an opportunity, he was picked up and charged under PMLA based on unreliable statements.

Ipso facto possession of proceeds of the crime is not an offence, Desai says while citing section 5 of the PMLA. 

Desai - The same wouldn't apply to money in the bank, jewelry, property. All these are properties of commerce then the principles of possession will be different.