malik: HC seeks ED’s reply to Nawab Malik’s plea against his arrest in money laundering case

The Bombay Excessive Courtroom on Wednesday directed the Enforcement Directorate (ED) to file its reply to Maharashtra minister Nawab Malik’s petition difficult his arrest in a cash laundering probe linked to fugitive gangster Dawood Ibrahim and his aides. Malik was arrested by the ED final week and is within the central company’s custody until March 3. The minister can be produced earlier than a particular court docket on Thursday.

The NCP chief on Monday filed a petition within the excessive court docket in search of to quash the case and likewise the order handed by a particular court docket remanding him to the ED’s custody.

Malik sought his speedy launch and a path from the excessive court docket to declare his arrest as unlawful.

The state Minority Affairs Minister alleged that he was illegally arrested for being a “vocal critic of the misuse of central companies”.

A division bench of Justices S B Shukre and G A Sanap on Wednesday briefly heard Malik’s counsel Amit Desai.

Extra Solicitor Common Anil Singh, showing for the ED, sought time to file his affidavit.

“There are particular allegations made within the petition. We (ED) should cope with it,” Singh stated.

The bench posted the plea for additional listening to on March 7, noting that on that day the common bench listening to felony petitions can be out there.

“If within the meantime there may be any subsequent remand or order handed by the particular court docket, then it might be with none prejudice induced to the rights and contentions of each the petitioner (Malik) and the State (ED),” the court docket stated.

Desai had argued that the petition raises the query of Malik’s private liberty.

“The ED is counting on statements of sure individuals who’re accused of being members of fugitive gangster Dawood Ibrahim. Malik is just not concerned with that group,” Desai stated.

He additional argued that the ED’s case is to solely create a false and fallacious impression of Malik, who has been in public service since 25 years, with this group.

The senior counsel additional stated that the alleged offence pertains to the transactions finished means again in 1999.

In his petition, Malik had stated that he was not the primary to be focused and this can be a worrying development throughout the nation, the place central companies are being misused by the get together in energy.

Malik in his petition stated he was forcibly picked up from his residence by the ED officers on February 23 with none discover or summons beneath part 41A of the Felony Process Code.

The minister in his plea stated the February 23 order of the particular court docket designated to listen to the Prevention of Cash Laundering Act (PMLA) circumstances was with out jurisdiction.

The ED’s case is that Malik in connivance with Dawood Ibrahim’s aides – Haseena Parker, Salim Patel and Sardar Khan – hatched a felony conspiracy for usurping one Munira Plumber’s ancestral property in Kurla having present market worth of round Rs 300 crore. Thus, it’s proceeds of crime, the company claimed.