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Tag: Nawab Malik

  • Money laundering case: SC grants two-month interim bail to Nawab Malik on medical grounds

    By PTI

    NEW DELHI: The Supreme Court on Friday granted interim bail for two months to former Maharashtra minister Nawab Malik on medical grounds in a money laundering case.

    Malik had moved the top court against the Bombay High Court’s July 13 order denying him bail on medical grounds in the case being probed by the Enforcement Directorate (ED).

    A bench of justices Aniruddha Bose and Bela M Trivedi noted that Malik is in hospital for kidney disease and other ailments.

    “We are passing the order strictly on medical conditions and have not entered into the merits of the case,” the bench said.

    The ED arrested Malik in February 2022 in a case allegedly linked to the activities of fugitive gangster Dawood Ibrahim and his associates.

    The Nationalist Congress Party (NCP) leader is in judicial custody and currently undergoing treatment in a private hospital in Mumbai.

    Malik had sought relief from the HC, claiming he was suffering from a chronic kidney disease apart from various other ailments. He also sought bail on merit.

    The high court had said it will hear his plea seeking bail on merit after two weeks.

    The ED’s case against Malik is based on an FIR filed by the National Investigation Agency (NIA) against Dawood Ibrahim, a designated global terrorist and a key accused in the 1993 Mumbai serial bomb blasts, and his associates under the Unlawful Activities (Prevention) Act.

    NEW DELHI: The Supreme Court on Friday granted interim bail for two months to former Maharashtra minister Nawab Malik on medical grounds in a money laundering case.

    Malik had moved the top court against the Bombay High Court’s July 13 order denying him bail on medical grounds in the case being probed by the Enforcement Directorate (ED).

    A bench of justices Aniruddha Bose and Bela M Trivedi noted that Malik is in hospital for kidney disease and other ailments.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    “We are passing the order strictly on medical conditions and have not entered into the merits of the case,” the bench said.

    The ED arrested Malik in February 2022 in a case allegedly linked to the activities of fugitive gangster Dawood Ibrahim and his associates.

    The Nationalist Congress Party (NCP) leader is in judicial custody and currently undergoing treatment in a private hospital in Mumbai.

    Malik had sought relief from the HC, claiming he was suffering from a chronic kidney disease apart from various other ailments. He also sought bail on merit.

    The high court had said it will hear his plea seeking bail on merit after two weeks.

    The ED’s case against Malik is based on an FIR filed by the National Investigation Agency (NIA) against Dawood Ibrahim, a designated global terrorist and a key accused in the 1993 Mumbai serial bomb blasts, and his associates under the Unlawful Activities (Prevention) Act.

  • Bail denied to NCP leader Nawab Malik

    By Express News Service

    MUMBAI: A special Prevention of Money Laundering Act (PMLA) court refused bail to former Maharashtra minister and senior NCP leader Nawab Malik in an alleged money laundering case linked to fugitive gangster Dawood Ibrahim.

    Pronouncing the order, the special judge said the two conditions laid down under section 45 of the PMLA were not satisfied. Section 45 says that a court can grant bail in PMLA cases if there are reasonable grounds to believe that the accused is not prima facie guilty of the offence, and he or she shall not commit any offense if released.

    The court also relied on the statements of witnesses and said there was continued possession of the tainted property. The court had reserved his order on the bail plea on November 14 after hearing lengthy arguments.

    MUMBAI: A special Prevention of Money Laundering Act (PMLA) court refused bail to former Maharashtra minister and senior NCP leader Nawab Malik in an alleged money laundering case linked to fugitive gangster Dawood Ibrahim.

    Pronouncing the order, the special judge said the two conditions laid down under section 45 of the PMLA were not satisfied. Section 45 says that a court can grant bail in PMLA cases if there are reasonable grounds to believe that the accused is not prima facie guilty of the offence, and he or she shall not commit any offense if released.

    The court also relied on the statements of witnesses and said there was continued possession of the tainted property. The court had reserved his order on the bail plea on November 14 after hearing lengthy arguments.

  • Court extends judicial custody of NCP leader Nawab Malik in ED case 

    By PTI

    MUMBAI: A special court here on Wednesday extended the judicial custody of Nationalist Congress Party leader Nawab Malik till November 2 in an alleged money laundering case.

    Malik, a former Maharashtra minister, was arrested on February 23 under the Prevention of Money Laundering Act (PMLA) by the Enforcement Directorate in a probe linked to the activities of fugitive gangster Dawood Ibrahim and his aides.

    The ED has also filed an application before the special PMLA court seeking that a medical board should ascertain Malik’s health status.

    The court said it would hear the plea on November 2.

    In May, the court had allowed Malik to be admitted to a private hospital for medical treatment while denying him bail on health grounds.

    MUMBAI: A special court here on Wednesday extended the judicial custody of Nationalist Congress Party leader Nawab Malik till November 2 in an alleged money laundering case.

    Malik, a former Maharashtra minister, was arrested on February 23 under the Prevention of Money Laundering Act (PMLA) by the Enforcement Directorate in a probe linked to the activities of fugitive gangster Dawood Ibrahim and his aides.

    The ED has also filed an application before the special PMLA court seeking that a medical board should ascertain Malik’s health status.

    The court said it would hear the plea on November 2.

    In May, the court had allowed Malik to be admitted to a private hospital for medical treatment while denying him bail on health grounds.

  • PMLA case: Former Maharashtra minister Nawab Malik moves court for regular bail

    By PTI

    MUMBAI: NCP leader and former Maharashtra minister Nawab Malik, who has been arrested in a money laundering case, filed a bail application before a special court here on Tuesday.

    This is his first regular bail plea, filed on merits of the case, following his arrest in February, and the court has asked the Enforcement Directorate to file its reply to the plea by July 15.

    Earlier, Special Judge RN Rokade had denied him interim bail, which was filed on medical grounds.

    The court had also refused to grant him one-day bail to cast his vote for the recently held Rajya Sabha polls in Maharashtra.

    Malik, who is currently in judicial custody, was arrested on February 23 under provisions of Prevention of Money Laundering Act (PMLA) by the ED in connection with a probe linked to activities of fugitive gangster Dawood Ibrahim and his aides.

  • Anil Deshmukh, Nawab Malik move HC seeking release from jail to vote in MLC polls; CBI opposes move

    By PTI

    MUMBAI: Jailed NCP legislators Nawab Malik and Anil Deshmukh on Monday approached the Bombay High Court seeking to be released from prison for a day on June 20 to cast their vote in elections to the Maharashtra Legislative Council.

    Deshmukh and Malik, both members of the Legislative Assembly, could not cast their vote in the Rajya Sabha elections held on June 10 after a special court refused to release them to take part in the poll process.

    The duo has now sought to be released from jail for one day on June 20 to vote in MLC elections.

    Deshmukh, a former home minister of Maharashtra, filed an application for one day release from prison in his bail plea submitted earlier this year.

    The NCP leader’s application was mentioned by his advocate Inderpal Singh before a single bench of Justice N J Jamadar.

    Justice Jamadar posted the matter for hearing on June 15.

    The plea of Malik, a sitting cabinet minister, was mentioned before a single bench of Justice Bharati Dangre.

    His lawyer Kushal Mor sought permission to get Malik’s plea tagged with Deshmukh’s application and for both the matters to be heard on June 15 by Justice Jamadar.

    Justice Dangre asked Mor to mention the matter on June 14 (Tuesday).

    Malik’s lawyers Taraq Sayed and Kushal Mor had initially sought to amend an earlier petition filed by the state minister challenging a special court order refusing to release him on June 10 for voting in the Rajya Sabha polls.

    Sayed told a single bench of Justice P D Naik that the prayers are still the same and that only the date would have to be amended from June 10 to June 20.

    Justice Naik, however, noted that the cause of action was different and that Malik’s earlier petition had become infructuous as the elections he wanted to vote in (Rajya Sabha) was over.

    ALSO READ | Another BJP vs MVA on cards as 11 candidates in fray for 10 Maharashtra Legislative Council seats

    “You (Malik) will have to file a fresh plea seeking to be released on June 20 for the MLC elections,” Justice Naik said, indicating he was not inclined to allow the amendment.

    Malik’s lawyers then withdrew the earlier petition and said they would file a fresh one.

    Malik was arrested by the Enforcement Directorate (ED) on February 23 this year in connection with a money laundering probe linked to the activities of fugitive underworld don Dawood Ibrahim and his aides.

    His party colleague Deshmukh was arrested in November 2021 by the ED on money laundering charges.

    The biennial elections for 10 vacant seats of the Upper House of the state Legislature will be held on next Monday.

    Members of the state Legislative Assembly constitute the electoral college for these polls.

    Eleven candidates are in the fray.

    The opposition BJP has fielded five candidates, while the Shiv Sena, the NCP and the Congress, all constituents of the ruling MVA, have given tickets to two nominees each.

    Meanwhile, the CBI on Monday submitted before a special court here that it had filed a charge-sheet against Deshmukh and his former aides within the mandated time period of 60 days in a corruption case, and opposed their pleas for default bail.

    The central agency submitted an affidavit in the court opposing the pleas of Deshmukh and his former aide and co-accused Sanjeev Palande seeking default bail on the ground that the CBI had filed an “incomplete” charge-sheet in the case.

    The pleas had claimed the CBI had not submitted relevant documents along with the charge-sheet and those papers were deposited in the court after the mandated time period.

    As per section 173 of the Criminal Procedure Code (CrPC), a charge-sheet in a case ought to be filed within 60 days from arrest of an accused.

    If this was not done, then the accused can seek default bail.

    The CBI, in its affidavit, said the law mandates completion of investigation within 60 days and that in the present case the report (charge-sheet) was filed by the agency on June 2, 2022, which is within the period of 60 days.

    It added that the contention of the accused persons that since the documents accompanying the charge-sheet were not deposited in the court on June 2, 2022, it cannot be termed as a complete charge-sheet is entirely misplaced.

    “Such misplaced understanding cannot be used/ utilized to seek the benefit of default bail,” the CBI said.

    The affidavit further said that it was the court that directed the investigating officer to deposit the documents on or before June 7 and hence the accused cannot claim benefit under section 167(2) of the CrPC (accused can seek default bail if charge-sheet is not filed within 60 days).

    The CBI had last week filed a 59-page charge-sheet against NCP leader Deshmukh and his two former aides – Sanjeev Palande and Kundan Shinde – in the case related to alleged corruption and misuse of office.

    Former Mumbai police commissioner Param Bir Singh in March last year alleged that Deshmukh, the then-state home minister, had given a target to police officers to collect Rs 100 crore per month from restaurants and bars in the city.

    Deshmukh denied the allegations, but stepped down from his ministerial post after the Bombay High Court directed the CBI to register a case against him.

    The 72-year-old politician is currently in jail under judicial custody in a money laundering case being probed by the Enforcement Directorate (ED).

  • Nawab Malik exposed farce behind drugs-on-cruise case, but paying price for it: Raut

    Talking to reporters in Kolhapur, Raut said Malik is paying the price for exposing the farce behind the case and the real face of the BJP.

  • Will NCB now act against Sameer Wankhede, asks jailed Maharashtra Minister Nawab Malik

    By PTI

    MUMBAI: Maharashtra Minister Nawab Malik on Friday asked if the Narcotics Control Bureau (NCB) will take action against IRS official Sameer Wankhede and “his private army” now that it has given a clean chit to Aryan Khan in an alleged drug seizure case.

    While Malik is in prison in an alleged money laundering case, his comment was published through the Twitter account ‘Office of Nawab Malik’.

    “Now that Aryan Khan and 5 others get a clean chit. Will NCB take action against Sameer Wankhede his team and the private army? Or will it shield the culprits? ” said the tweet, accompanied by hashtags `Farziwada exposed’ and ‘Truth prevails’.

    Malik, a Nationalist Congress Party (NCP) leader, was the first to question the raid conducted by Wankhede, then zonal director of the NCB in Mumbai, on a cruise ship last October during which Aryan and others were arrested.

    The minister had launched a veritable campaign against Wankhede, accusing him of implicating Aryan in a false case to extort money from his father, Bollywood superstar Shah Rukh Khan.

    Malik also questioned the genuineness of the scheduled caste certificate of Wankhede, an Indian Revenue Service official.

  • SC rejects bail plea of Maharashtra minister Nawab Malik in money laundering case

    By Express News Service

    NEW DELHI: The Supreme Court on Friday refused to entertain the petition filed by Maharashtra Minister Nawab Malik challenging his arrest by the Enforcement Directorate under the Prevention of Money Laundering Act (PMLA), 2005.

    Senior advocate Kapil Sibal appearing for Malik said that the Arnab Goswami case order is in his favour. He questioned the applicability of PMLA in the case. 

    “There is no predicate offence here,” he said.

    “We are not inclined to exercise jurisdiction under Article 136 when the investigation is at the nascent stage…You can apply for bail before an appropriate court”, the top court said.

    The probe agency had arrested the state minister on February 23 in a probe connected to a money laundering case over an alleged land deal concerning an aide of global terrorist Dawood Ibrahim. He has been under custody ever since his arrest. 

    The special leave petition was filed challenging a Bombay High court that had refused to grant him interim release.

    “What we prima facie feel is that projection/claiming a property as untainted property is the objectionable act forming part of an offence under Section 3 of the Act of 2002… We have not gone into the papers of investigation…Considering all the above-referred grounds; we are not inclined to allow the prayers in the said applications. Resultantly, Interim Applications are rejected,” the Bombay high court had said in an order dated March 15, 2022, while rejecting the pleas.

    The high court had said that the case failed the twin test for release from custody.

    “…In the present case, there is no dispute on the factual aspect that custody order is passed by the competent Court of jurisdiction i.e., the Special Court and secondly, merely because the order is against the Petitioner it cannot be termed as patently illegal or suffers from non-application of mind. In our opinion, this twin test is duly applied in the present matter…,” the high court added in its order. 

  • ED submits 5,000-page charge-sheet against Malik in property case linked to Dawood

    By PTI

    MUMBAI: The Enforcement Directorate (ED) on Thursday submitted a charge-sheet in a court here against Maharashtra minister Nawab Malik in an alleged money laundering case linked to fugitive underworld don Dawood Ibrahim, nearly two months after arresting him in the matter.

    Malik (62), a senior Nationalist Congress Party (NCP) leader, was arrested by the ED on February 23 in the case, and is currently in jail under judicial custody. The over-5,000-page charge-sheet was submitted in the court’s registry, ED lawyers said.

    The special court for Prevention of Money Laundering Act (PMLA) cases will take cognizance of the charge-sheet after verification of the documents, they said.

    The ED’s case is based on an FIR filed recently by the National Investigation Agency (NIA) against Ibrahim, a designated global terrorist and key 1993 Mumbai bomb blasts accused, and his aides under the Unlawful Activities (Prevention) Act (UAPA).

    Earlier, during remand hearings, the central financial investigation agency had told the court Malik was the key conspirator and beneficiary of the “entire charade”.

    In lieu of getting control of illegal occupation of this property, he funded a prominent member of ‘D-Gang’ (Dawood gang) , the ED had said. It has claimed that for usurping “this property, members of the D-Gang and Nawab Malik connived together and executed several legal documents to put a facade of genuinity over this criminal act”.

    During his custodial interrogation, (previously arrested accused) Iqbal Kaskar (brother of Dawood Ibrahim) revealed certain facts about his sister Haseena Parker and her involvement in usurping high-valued properties of innocent citizens in Mumbai by using the clout of D-Gang, it had said.

    In course of the investigation, it was revealed one such victim of the D-Gang was one Munira Plumber, the agency had said.

    Plumber’s prime property (having present market value of Rs 300 crore) was usurped by Malik through Solidus Investments, a company owned by the minister’s family, with active connivance of members of the D-Gang, including Haseena Parkar, the ED had told the court.

    Plumber, in her statement to the ED, has said she had not sold this property to Malik, the agency said. It is also apparent that Malik is guilty of the offence of money laundering as defined under provisions of the PMLA, the probe agency has said.

    Malik, who has denied all charges levelled against him, has moved the Supreme Court against an order of the Bombay High Court which had rejected his interim application seeking immediate release from jail.

  • Court extends Maharashtra Minister Nawab Malik’s judicial custody till April 22

    By PTI

    MUMBAI: A special court here on Monday extended the judicial custody of Maharashtra minister Nawab Malik till April 22 even as the NCP leader complained of ill health.

    Malik was produced before Special Judge R N Rokade, designated to hear cases related to the Prevention of Money Laundering Act.

    The NCP leader stepped into the witness box and told the court that he has been unwell due to kidney ailments and that he has a swelling in his legs.

    Malik further said that whenever he complained of pain in his legs, the jail authorities only gave him painkillers.

    “I want a permanent solution to my medical problems,” Malik said.

    Malik’s lawyer Kushal Mor told the court that the minister’s plea filed before the Supreme Court challenging his illegal arrest and seeking immediate release is likely to be heard on April 22.

    Special Judge Rokade then extended Malik’s judicial custody till April 22.

    Malik was arrested on February 23 by the Enforcement Directorate in a money-laundering probe linked to the activities of fugitive gangster Dawood Ibrahim and his aides.

    The NCP leader was in ED’s custody till March 7 before he was sent to judicial custody till March 21, which was later extended till April 4.

    On April 4, his custody was extended again till April 18.