Blog

Case Title:   Mohammed Nawab Malik v. the State of Maharashtra

Case No: Criminal Appeal No. 2415 of 2023

Decided on:  11th January, 2024

CORAM: THE HON’BLE MS. JUSTICE BELA M TRIVEDI AND HON’BLE MR. JUSTICE PANKAJ MITHAL

Facts of the Case

On February 23, 2023, Nawab Malik was arrested by the Enforcement Directorate in connection with a money laundering case related to the notorious underworld figure Dawood Ibrahim and his associates. According to the investigative agency, Malik collaborated with a member of the D-gang, Haseena Parker (Ibrahim’s sister), and two others to fraudulently acquire a property in Mumbai’s Kurla area between 1999 and 2006. The agency asserts that since Parkar managed the illicit operations of the notorious gangster and global terrorist, the funds allegedly paid by Malik to her were ultimately utilized for terrorist financing. Consequently, charges under the Prevention of Money Laundering Act were imposed on the former legislator.

In November, 2023, Malik sought bail from a special court, but his request was denied. Due to his worsening health, Malik has been under custody in a private hospital for ongoing medical monitoring. In a subsequent appeal to the Bombay High Court, concerns were raised about the possibility of granting bail in light of the stringent provisions of Section 45 of the Prevention of Money Laundering Act. Ultimately, on July 13, Justice Anuja Prabhudessai, presiding over a single-judge bench, declined to provide temporary bail to Malik. The court decided to revisit the matter on its merits after a two-week interval.

Dissatisfied with the decision of the high court, the leader of the Nationalist Congress Party has appealed to the Supreme Court.

Issue

Whether the Former Maharashtra Minister Nawab Malik’s interim bail can be extended on medical grounds in Money Laundering case?

Court’s analysis and decision

The Supreme Court has prolonged the temporary release initially granted to former Maharashtra minister Nawab Malik by an additional six months. Malik, arrested by the Directorate of Enforcement (ED) on February 23, 2022, in a money laundering case, had been granted interim bail in August of the same year. Justices Bela M Trivedi and Pankaj Mithal presided over the hearing of a special leave petition filed by Malik against a July 2023 Bombay High Court order that denied the Nationalist Congress Party (NCP) legislator’s plea for interim bail on medical grounds.

Initially, the senior NCP leader had received a two-month interim bail on medical grounds in August. This period was subsequently extended by three months in October, following information that Malik’s health had not improved, and he was undergoing treatment for kidney-related and other ailments at a private hospital in Mumbai. On both occasions, the Enforcement Directorate did not oppose the court’s decision to grant relief.

During the hearing considering a further extension of interim relief, Additional Solicitor-General SV Raju, representing the central agency, stated,

“This request may be considered, and on medical grounds, an extension may be given.”

Granting Malik’s request for a six-month extension of interim bail, the bench declared,

“…Learned additional solicitor-general has no objection. The interim prayer is granted, and the application is allowed. Interim bail is extended for a further period of six months as prayed for. List the main matter after six months.”

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written by- Afshan Ahmad