ED opposes Nawab Malik plea in Bombay High Court for bail; says stress is not ground for bail on medical grounds

Stress is not a ground to grant bail to an accused on medical grounds, the Enforcement Directorate (ED) told the Bombay High Court on Friday while opposing the plea by former Maharashtra cabinet minister and Nationalist Congress Party (NCP) leader Nawab Malik seeking bail..Additional Solicitor General (ASG) Anil Singh, appearing for ED told the Court that everyone has stress and that cannot be a ground to seek bail.The ASG was responding to Malik's argument that he has right to live in a stress-free environment and should be granted bail considering his medical condition."This general contention that there is stress, so grant me bail, that cannot be a ground. Everyone has stress. Who is living without stress in their lives," the ASG asked.The arguments were made before single-judge Justice Anuja Prabhudessai. While Malik moved the Court seeking bail or merits as well as on medical grounds, the Court today heard Malik on medical grounds first and reserved the plea on that limited point. The judge that she will pronounce her verdict on the limited prayer in the next week. The ED had arrested Malik on allegations that he had purchased certain property at a rate lower than market value.After a special PMLA court took cognizance of the chargesheet in May 2022, Malik filed for regular bail.Malik moved High Court after a Mumbai special court rejected his bail plea in the matter on November 30, 2022.In his plea, filed through Rashmikant & Partners, Malik stated that the Special Court had failed to take into consideration the observations made by the High Court in its order granting bail to former Maharashtra Home Minister, Anil Deshmukh..Senior Advocate Amit Desai, appearing for Malik today, stressed on the former minister's deteriorating health to persuade the court to grant bail on medical grounds. He argued that Malik’s physical condition was serious as he suffers various Kidney ailments and his right kidney's condition is deteriorating. “Medical management is not adequate and the consequences are serious and can lead to mortality. His medical condition is not a matter of dispute. He is genuinely suffering from something that was before his arrest and it has been accentuated due to the custody," it was submitted. He added that along with medical treatment, Malik is required to live in a stress free environment and ultimately be fit to face the trial. Hence, he should be granted bail so that he can consult doctors, it was submitted..The ED however vehemently opposed the submission. ASG Singh argued that when a person approaches the court for relief on medical grounds, what is important is that the person is given proper medical treatment which was already done in this case. Malik is already getting from a private hospital of his choice, it was submitted.“We will never oppose for treatment but we will oppose bail on medical ground. Today he is not saying send me to some other hospital. He wants to stay in the hospital he is in, but he says give me bail. The only ground is stress free environment. This general contention that there is stress, so grant me bail, that cannot be a ground. Everyone has stress. Who is living without stress in their lives?” the ASG underlined. The ASG also contested Malik's claim that he was living on one kidney functioning at 60 percent.“There are reports from 2 years before his arrest. Those also show that there is kidney problems. This problem was there since 2020. Even with such kidneys, he was leading a normal life. There is nothing here that says that right kidney functioning has reduced to 60%. We are not experts. But the doctors of the hospital have not suggested that his kidney has reduced functioning” the ASG argued.