Nawab Malik bail plea: Bombay High Court refuses urgent hearing

The Bombay High Court refused to grant urgent hearing on a bail plea filed by former Maharashtra cabinet minister Nawab Malik in a money laundering case against him involving underworld don Dawood Ibrahim..When the matter was called out before single-judge Justice MS Karnik, the judge asked the Malik’s counsel Senior Advocate Amit Desai to first satisfy the urgency for hearing the matter. “I am granting this indulgence only for medical reasons; and if treatment is not available”, the judge stated at the outset. Additional Solicitor General Anil Singh appearing for the Enforcement Directorate (ED) informed the Court that Malik has been admitted to a private hospital and was receiving treatment since May 2022. After this, Justice Karnik said that there was no urgency and that the matter can be heard later. “Then I will post this later. You are in a private hospital. I cannot hear this even for a second. There are other pleas also pending. Even if you are discharged, you still will have to satisfy me that there is no treatment, only then I will listen,” the judge said..Desai informed the judge that Malik has only one functional kidney and requires urgent transplant.He raised apprehension that the ED may move an application seeking his discharge from the hospital. He pointed out that Malik’s family wants to start the procedure towards the kidney transplant and that may require tests and meeting with specialists. “If he has to go for surgery or whatever, ED will not oppose. If it is about health.. I am sure Mr. Singh will not oppose. And I am not inclined to order for any discharge or anything,” the Court said. .The Court then asked ED to to respond to the petition within 2 weeks and posted the matter for hearing on January 6. The court also granted liberty to Malik to move the vacation court in case of medical emergency. .The Enforcement Directorate (ED) had arrested Malik on allegations that he had purchased a property at a rate lower than market value from Ibrahim.After the 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 had rejected his bail plea in the matter on November 30.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. Malik claimed that the special court erred in disregarding Malik's medical condition. Malik also claimed that there was no predicate offence registered against him and on this ground alone, no Enforcement Case Information Report (ECIR) could have been registered against him. The plea pointed out that an immovable property, like in the present case, could not be disguised by layering and therefore cannot be termed as 'proceeds of crime'.