By way of PTI
NEW DELHI: Maharashtra minister and NCP chief Nawab Malik has moved the Perfect Court docket towards an order of the Bombay Top Court docket which had rejected his period in-between utility in the hunt for quick free up in a case of cash laundering.
In his plea which has been drafted by way of suggest Ankur Chawla, Malik has challenged the March 15 order of the department bench of the prime court docket which had rejected the appliance announcing simply since the particular PMLA court docket’s order remanding him in custody isn’t in his favour, it does no longer make that order unlawful or improper.
The particular depart petition (SLP) has been filed by way of suggest V D Khanna.
After the Enforcement Directorate had arrested Malik beneath the provisions of the Prevention of Cash Laundering Act (PMLA), he had filed a habeas corpus plea within the prime court docket claiming that his arrest by way of the ED and the ensuing remands had been unlawful.
The prime court docket had mentioned that Malik’s suggest had argued sooner than the PMLA court docket and vehemently hostile the ED’s request for the minister’s custody.
“There may be advantage within the submissions of the Further Solicitor Normal (ASG) that simply since the particular court docket granted the custody of petitioner (Malik) would no longer make that order unlawful ipso facto since the petitioner is aggrieved,” the prime court docket had mentioned.
The prime court docket had mentioned that Malik was once arrested by way of the ED in keeping with the regulation, and therefore been remanded to the probe company’s custody after which to judicial custody following due procedure.
It had famous that Malik had long gone to the ED’s administrative center for wondering on February, 23, the day he was once arrested, in accordance with earlier summons issued to him by way of the central company.
He was once then issued an arrest order and brought into custody by way of the ED, the prime court docket had mentioned.
“Within the provide case, there is not any dispute at the factual side that custody order is handed by way of the competent court docket of jurisdiction- the particular court docket,” the prime court docket had mentioned.
“And secondly, simply since the order is towards the petitioner, it can’t be termed as patently unlawful,” the court docket had mentioned.
Malik was once arrested by way of the ED over a belongings deal allegedly related to the aides of gangster Dawood Ibrahim.
Quickly after his arrest, the minister had filed a habeas corpus plea within the prime court docket, difficult his arrest and the remand orders.
As an period in-between prayer, he had sought that he be launched from custody right away.
The prime court docket had mentioned that Malik’s petition had raised some controversial problems and the court docket had to pay attention at period the arguments from each side sooner than passing any ultimate orders.
The central company has accused Malik of being a part of an alleged legal conspiracy to usurp a belongings in Mumbai’s Kurla space which recently has a marketplace price of Rs 300 crore and belongs rightfully to 1 Munira Plumber.
Malik had contended sooner than the prime court docket that he had purchased the valuables in a bonafide transaction 3 a long time in the past, and Plumber has now modified her thoughts concerning the transaction.
