malik: SC junks Nawab Malik’s bail plea in PMLA case | India News – Rashtra News : Rashtra News
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NEW DELHI: The Supreme Court on Friday summarily dismissed Maharashtra minister Nawab Malik’s bail plea in a money laundering case lodged by the Enforcement Directorate for allegedly usurping a Rs 300 crore plot in Mumbai’s Kurla area in league with the gang members of global terrorist Dawood Ibrahim.
Arrested on February 23 and still a minister in the MVA government, Malik, through counsel Kapil Sibal, told a bench of Justices DY Chandrachud and Surya Kant that it was unthinkable in law to arrest a person 22 years after the alleged transaction took place.
ED has alleged that NCP member Malik and Haseena Parker, sister of Dawood Ibrahim, planned to usurp the Kurla property owned by Munira Plumber and her mother. It is alleged that Malik in 2003 took control of Solidus Investments Private Limited by becoming tenants of the godown/shed in the said property. The agency alleged that through Solidus, Malik illegally paid money to Haseena Parkar/Salim Patel, both D-gang members, to get absolute control and ownership of the prime property having market value of Rs 300 crore first in 2003 and then in September 2005, which is a crime under PMLA.
Sibal said the PMLA Act came into existence only in 2005 and hence the transaction, which was perfectly legal, could not have been made an offence under PMLA. “There is not even a prima facie case against Malik and the HC erred in not granting interim bail to him despite admitting his petition for final hearing. There is no predicate offence, how does PMLA apply,” he asked.
The bench said, “You must follow the procedure and apply for bail before the trial court.” Sibal said, “The special court will not grant bail to Malik as the ECIR runs into 5,000 pages.”
The bench refused to entertain the plea and said, “We are not inclined to exercise the jurisdiction under Article 136 of the Constitution. The observations of the high court on merits, it is clarified, are confined to the question of whether interim relief was to be granted. They shall not come in the way of parties taking recourse to their rights and remedies in accordance with law. The special leave petition is accordingly dismissed.”
Arrested on February 23 and still a minister in the MVA government, Malik, through counsel Kapil Sibal, told a bench of Justices DY Chandrachud and Surya Kant that it was unthinkable in law to arrest a person 22 years after the alleged transaction took place.
ED has alleged that NCP member Malik and Haseena Parker, sister of Dawood Ibrahim, planned to usurp the Kurla property owned by Munira Plumber and her mother. It is alleged that Malik in 2003 took control of Solidus Investments Private Limited by becoming tenants of the godown/shed in the said property. The agency alleged that through Solidus, Malik illegally paid money to Haseena Parkar/Salim Patel, both D-gang members, to get absolute control and ownership of the prime property having market value of Rs 300 crore first in 2003 and then in September 2005, which is a crime under PMLA.
Sibal said the PMLA Act came into existence only in 2005 and hence the transaction, which was perfectly legal, could not have been made an offence under PMLA. “There is not even a prima facie case against Malik and the HC erred in not granting interim bail to him despite admitting his petition for final hearing. There is no predicate offence, how does PMLA apply,” he asked.
The bench said, “You must follow the procedure and apply for bail before the trial court.” Sibal said, “The special court will not grant bail to Malik as the ECIR runs into 5,000 pages.”
The bench refused to entertain the plea and said, “We are not inclined to exercise the jurisdiction under Article 136 of the Constitution. The observations of the high court on merits, it is clarified, are confined to the question of whether interim relief was to be granted. They shall not come in the way of parties taking recourse to their rights and remedies in accordance with law. The special leave petition is accordingly dismissed.”
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( News Source :Except for the headline, this story has not been edited by Rashtra News staff and is published from a timesofindia.indiatimes.com feed.)
