Mumbai: The Bombay High Court rejected the interim bail application filed by NCP leader Nawab Malik. He was arrested in connection with money laundering case. The Bombay High Court has stated that the arrest made by the Enforcement Directorate (ED) last month was in accordance with the law. Malik, in his petition, had stated that he should be released because he was arrested illegally.
The Bench of Justices PB Varale and SM Modak said that the argument by the Malik’s lawyer Amit Desai at first looks quite attractive, but Malik himself had attended the office of the Enforcement Directorate (ED) in response to the summons. He was served his arrest order there. He was also informed about the grounds of his arrest by the authorised officers. About this along with Malik his son was informed too, the court noted.
The bench further noted that Malik was produced before the special court by the Enforcement Directorate, where he availed legal assistance. The option for remand application was opposed by the counsel appointed to Malik.
In the submission given by the Additional Solicitor General (ASG), the bench found merit. The submission claimed that the requirement of Section 19 is duly followed. Section 19 of the Prevention of Money Laundering Act (PMLA) deals with the power of arrest and elaborates who should arrest and the procedure therein.
The Bombay High Court agreed with the special court’s decision of allowing the remand application and granting custody to Malik does not make the arrest order against him as illegal.
However, despite discharging the petition, Malik is authorized for taking up an appropriate proceeding, like filing an application for a grant of bail.
The bench said, “Such an observation would not only be premature but also it may adversely affect the rights and contentions of Malik himself who is an accused.”
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