NCP Minister Nawab Malik (File) NCP Minister Nawab Malik on Tuesday told the Bombay High Court that the Enforcement Directorate (ED), by alleging that he continues to have under his possession the property – Goawala Building in Mumbai’s Kurla – reportedly involved in a money laundering case, wants to keep him in jail by infringing his personal liberty.
Malik was arrested by the ED on February 23 and remanded by a special court to the central agency’s custody. On Monday, a special court sent him to judicial custody till March 21.
Malik told HC that while he was arrested in connection to a nearly 22-year-old transaction by the ED, the agency has retrospectively applied the Prevention of Money Laundering Act (PMLA), which came into force after the alleged transaction.
A division bench of Justice Prasanna B Varale and Justice Shriram M Modak was on Tuesday hearing the Habeas Corpus plea filed by Malik, who was arrested for alleged money laundering and “active involvement in terror funding” in connection to a 1999 land deal with don Dawood Ibrahim’s sister. In his plea, the NCP leader had claimed that his arrest was “illegal”, made with “political vendetta” and without following due process under the Code of Criminal Procedure.
Senior advocate Amit Desai, appearing for Malik, argued that his client has been implicated though there were no predicate offences and transactions for which he has been booked had taken place in 1999, 2003 and 2005. Desai added that the case against Malik is based on statements made by persons who are not credible.
The bench asked Additional Solicitor General Anil Singh, who was representing ED, that even if it is assumed that the transaction took place in 2005, whether ED’s arguments should be based on a law which was in force in 2005.
The HC will continue hearing Malik’s plea on Wednesday.
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