MUMBAI: The Bombay High Court on Wednesday directed the Enforcement Directorate (ED) to file its reply to the Maharashtra minister Nawab MalikPetition challenging his arrest in money laundering probe involving a fugitive gangster Dawood Ibrahim and his associates. Malik He was arrested by the ED last week and is in the custody of the central agency till March 3. The minister will be produced in a special court on Thursday.
PCN The leader on Monday filed a petition in the High Court seeking quashing of the case and an order to send him to ED custody by a special court.
Malik sought his immediate release and a direction from the High Court to declare his arrest illegal.
The state’s minority affairs minister alleged that he was illegally arrested for being a “vocal critic of the misuse of central agencies”.
A division bench of Justice SB Shukre and Justice GA Sanap held a brief hearing of Malik’s counsel on Wednesday. Amit Desai,
Additional Solicitor General Anil Singh, appearing for the ED, sought time to file his affidavit.
“Some allegations have been made in the petition. We (ED) have to deal with it,” Singh said.
The bench fixed the petition for further hearing on March 7 and said that regular benches to hear criminal petitions would be available on that day.
“If in the meantime any remand or order is subsequently passed by the special court, it will be due to the rights and disputes of both the petitioner (Malik) and the state (ED),” the court said.
Desai had argued that the petition raises questions on Malik’s personal liberty.
Desai said, “The ED is relying on the statements of some people who are alleged to be members of fugitive gangster Dawood Ibrahim. Malik is not associated with that group.”
He further argued that the ED’s case is only to create a false and false impression of Malik, who has been in public service with the group for 25 years.
The senior counsel further submitted that the alleged offense pertains to a transaction done in 1999.
Malik, in his plea, had said that he was not the first person to be targeted and it was a worrying trend across the country, where central agencies were being misused by the party in power.
Malik, in his plea, said that the ED officials forcibly picked him up from his residence on February 23 under Section 41A of the Criminal Procedure Code without any notice or summons.
The minister said in his petition that the order of 23 February of the special court designated for hearing Prevention of Money Laundering Act (PMLA) cases were without jurisdiction.
The ED’s case is that Malik, in connivance with Dawood Ibrahim’s associates – Haseena Parker, Salim Patel And Sardar Khan – Rachiti A criminal conspiracy to usurp the ancestral property of a Munira plumber in Kurla, whose current market value is around Rs 300 crore. Thus, it is proceeds of crime, claimed the agency.
PCN The leader on Monday filed a petition in the High Court seeking quashing of the case and an order to send him to ED custody by a special court.
Malik sought his immediate release and a direction from the High Court to declare his arrest illegal.
The state’s minority affairs minister alleged that he was illegally arrested for being a “vocal critic of the misuse of central agencies”.
A division bench of Justice SB Shukre and Justice GA Sanap held a brief hearing of Malik’s counsel on Wednesday. Amit Desai,
Additional Solicitor General Anil Singh, appearing for the ED, sought time to file his affidavit.
“Some allegations have been made in the petition. We (ED) have to deal with it,” Singh said.
The bench fixed the petition for further hearing on March 7 and said that regular benches to hear criminal petitions would be available on that day.
“If in the meantime any remand or order is subsequently passed by the special court, it will be due to the rights and disputes of both the petitioner (Malik) and the state (ED),” the court said.
Desai had argued that the petition raises questions on Malik’s personal liberty.
Desai said, “The ED is relying on the statements of some people who are alleged to be members of fugitive gangster Dawood Ibrahim. Malik is not associated with that group.”
He further argued that the ED’s case is only to create a false and false impression of Malik, who has been in public service with the group for 25 years.
The senior counsel further submitted that the alleged offense pertains to a transaction done in 1999.
Malik, in his plea, had said that he was not the first person to be targeted and it was a worrying trend across the country, where central agencies were being misused by the party in power.
Malik, in his plea, said that the ED officials forcibly picked him up from his residence on February 23 under Section 41A of the Criminal Procedure Code without any notice or summons.
The minister said in his petition that the order of 23 February of the special court designated for hearing Prevention of Money Laundering Act (PMLA) cases were without jurisdiction.
The ED’s case is that Malik, in connivance with Dawood Ibrahim’s associates – Haseena Parker, Salim Patel And Sardar Khan – Rachiti A criminal conspiracy to usurp the ancestral property of a Munira plumber in Kurla, whose current market value is around Rs 300 crore. Thus, it is proceeds of crime, claimed the agency.