Money Laundering Case: Bombay High Court refuses bail on medical grounds to NCP leader Nawab Malik

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On July 13, the Bombay High Court refused bail to former NCP Minister from Maharashtra, Nawab Malik, in Enforcement Directorate’s (ED) case for money laundering. The court has listed the case for further hearing after two weeks.

The accused NCP leader sought bail on medical grounds, claiming that one of his kidneys has failed and the other kidney is functioning at 60 per cent capacity. He contended that his health was deteriorating further. He submitted that he was suffering from a kidney problem before his arrest in February 2022, which was aggravated after his arrest. He claims that his kidney issues are affecting other organs as well.

However, the ED has opposed the grant of bail to Nawab Malik, contending that people can survive with one kidney and none of the medical reports indicate that the accused NCP leader’s second kidney is functioning at 60 per cent of its capacity.

On May 16, the Supreme Court adjourned Nawab Malik’s bail application to July. Nawab Malik is in jail since February 23, 2022, after the ED arrested him in a money laundering case. Nawab Malik moved the Supreme Court after the Bombay High Court adjourned his bail application to June 6; however, the Supreme Court adjourned his plea observing that the High Court cannot be bypassed. The Supreme Court said that the Bombay High Court would have the liberty to hear the matter in the meantime.

Nawab Malik’s counsel, Senior Advocate Kapil Sibal, expressed anguish at the Bombay High Court adjourning the bail application on the ground of the non-availability of an Additional Solicitor General. Furthermore, Kapil Sibal claimed that Nawab Malik is suffering from health problems and urged the court to “Look at his condition.”

The Additional Solicitor General, SV Raju submitted that the ED will be ready next week. Thereafter, Kapil Sibal urged the Supreme Court to specify that the Bombay High Court hears the matter next week. He said, “Why can’t it be taken up next week? He (ASG) is saying that they are ready next week.” However, the Supreme Court did not specify any date for the Bombay High Court to hear the case.

The NCP leader moved to the Bombay High Court on November 30, 2022, after the special court refused to grant him bail in the PMLA case.

Background

The ED arrested Nawab Malik alleging that he is linked to terrorist Dawood Ibrahim’s D-company for a long time and purported conspiracy to “usurp” the Goawala building compound in Kurla West in 1996, which was valued at Rs 3.54 crore between 2003-05, with the help of Dawood’s sister Haseena Parkar.

In addition to Dawood’s sister, ED alleged that Nawab Malik connived with Haseena Parker’s driver Salim Patel and the 1993 bomb blast convict Sardar Khan to usurp Munira Plumber’s 3-acre ancestral property in Kurla.

The ED had questioned Dawood Ibrahim’s nephew Alishah Parkar regarding the gang’s activities in Mumbai and other parts of the country. Alishah is the son of Dawood’s sister, Haseena Parkar, who died in 2014 after suffering a heart attack.

Alishah Parkar revealed that his mother was involved in financial transactions with Dawood Ibrahim for a long time and took over a part of the Goawala Building compound and opened an office there when he was interrogated by the ED. He also mentioned Salim Patel, who was one of his mother’s associates. Salim Patel was an onion trader and dabbled in property dealings with his mother.

Furthermore, Alishah Parkar informed the ED that Haseena Parkar later sold a portion of the compound to the NCP leader later. In the money laundering case against Nawab Malik, the ED is arguing that since Haseen Parkar handled Dawood Ibrahim’s finances, the money was ultimately used for terror funding.

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