On Tuesday, the Bombay High Court rejected an interim bail application submitted by Maharashtra Cabinet Minister and Nationalist Congress Party (NCP) leader Nawab Malik in connection with a money laundering case, stating that the Enforcement Directorate’s (ED) detention last month was legal. Malik argued in his appeal that he should be released because he was arrested illegally.
The bench of Justices PB Varale and SM Modak, however, noted that while Malik’s lawyer Amit Desai’s argument ‘look very attractive at first blush,’ Malik had personally attended the Enforcement Directorate (ED) office in answer to the summons. He was served his arrest warrant there, and the approved officers told him of the reasons for his arrest.
The court noted that Malik’s son was also told of the reasons for his arrest, in addition to Malik. The bench went on to say that the ED had brought Malik before a special court, where he had legal assistance. His appointed counsel was vehemently opposed to the option of a remand application.
The court concluded that the special court’s decision to allow Malik’s remand application and grant him custody did not make the arrest order illegal. Despite the dismissal of the petition, Malik has the right to pursue appropriate legal proceedings, such as filing an application for bail.
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