The Supreme Court adjourns hearing in Nawab Malik’s petition challenging Bombay High Court order
The Supreme Court on Friday adjourned the hearing in a petition filed by former Maharashtra minister Nawab Malik, who has been in jail since February 23, 2022, following his arrest by the Directorate of Enforcement (ED) in a money laundering case.
Background
The Enforcement Directorate arrested Nawab Malik on February 23 of last year in connection with a money laundering case linked to fugitive underworld don Dawood Ibrahim and his aides. According to the investigating agency, Malik connived with D-gang member and Ibrahim’s sister, Haseena Parker, and two others, and usurped a property in Mumbai’s Kurla between 1999 and 2006. The agency has alleged that since Parkar handled the illegal business of the notorious gangster and global terrorist, the money that Malik allegedly paid her was ultimately used for terror funding, slapping charges under the Prevention of Money Laundering Act on the former legislator.
After a special court refused to grant him bail in November of last year, Malik approached the Bombay High Court. However, owing to his deteriorating health, Malik has been in custody at a private hospital to ensure continuous medical supervision.
During the hearing, the Bombay High Court wondered how bail could be granted despite the rigours of Section 45 of the Prevention of Money Laundering Act. Finally, yesterday, a single-judge bench of Justice Anuja Prabhudessai refused to grant Malik temporary bail while directing the matter to be listed after two weeks to be heard on merits.
Supreme Court adjournment
A bench of Justices Sanjiv Khanna, Bela M Trivedi, and Justice Ujjal Bhuyan was hearing a special leave petition filed by Malik against the May 2 order of the Bombay High Court adjourning his medical bail application to June 6. Yesterday, the Bombay High Court refused to grant the Nationalist Congress Party (NCP) leader interim bail on medical grounds and directed the matter to be listed after two weeks to be heard on its merits. The prolonged pendency in the bail application, the petitioner has argued, is contrary to the principles of law laid down by the top court and a ground for his release on interim bail in view of his deteriorating health condition.
“As far as the Bombay High Court is concerned, Malik’s application for interim bail was heard and yesterday, it was rejected. The regular bail matter will be taken up after two weeks,” Additional Solicitor-General for India SV Raju informed the bench right at the outset, before arguing, “This petition had been filed against an adjournment which the high court had sought. He had argued this only with respect to interim bail. Now this matter has become infructuous.”
On the other hand, the counsel for the petitioners argued that the petition ought to be heard at length by the top court. He also sought an adjournment, saying, “I am being led by Senior Advocate Kapil Sibal. I am requesting you to have this next week.”
“To be very frank, it is already over,” Justice Khanna said, “Interim bail has been rejected, which you may challenge. Challenge that please.” Justice Trivedi added, “You can take instructions.”
The counsel persisted in arguing that the petition had not become infructuous, saying, “Your Lordships, I am not asking for an order. Only an adjournment.”
“This is an interim order. We cannot even pass any orders. What we did, by requesting the high court to hear and dispose of the application, was the only order possible. Due to your persuasion, we did that,” Justice Khanna replied. The additional solicitor-general also said that the purpose of the petition had been achieved. “Nothing survives,” he added.
“Please have it on Monday,” the counsel urged.
“Alright,” the judge acceded, directing the petition to be listed on Monday, July 17 to be heard.
Case Details
Muhammad Nawab Malik v. the State of Maharashtra | Special Leave Petition (Criminal) No. 6056 of 2023
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