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Monday, May 23, 2022
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Nawab Malik denied interim relief by Bombay High Court; judicial custody to continue

The Bombay High Court on Tuesday rejected the plea by Maharashtra Cabinet Minister Nawab Malik seeking release from judicial custody in the money laundering case involving underworld don Dawood Ibrahim which is being investigated by the Enforcement Directorate (ED).

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The Bench of Justices Prasanna B Varale and Shriram M Modak gave the verdict on the interim prayers sought by Malik in a Habeas Corpus plea seeking his release during the pendency of the petition.

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“As certain debatable issues are raised, these issues are to be heard at length. Considering the grounds assigned, we are not inclined to grant reliefs in interim applications,” the Court ruled.

In his plea filed through Rashmikant & Partners, Malik assailed the Enforcement Case Information Report (ECIR), his arrest, and his remand, terming them illegal. He stated that such illegal acts rendered his continued detention illegal and without jurisdiction, entitling him to a writ of habeas corpus and immediate release.

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He also sought setting aside of the order of the special PMLA judge dated February 23 by which he was remanded to ED custody for 8 days.

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ED opposed the plea with a preliminary reply, claiming that Malik sought to combine multiple causes of action in his plea, which was not maintainable. The agency sought dismissal of the writ petition on the ground that filing of the same was a dilatory tactic to derail an ongoing investigation.

During the hearing which went on for 3 days, arguments were made by Senior Advocate Amit Desai on behalf of Malik. ED was represented by the Additional Solicitor General Anil Singh.

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