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Synopsis

A Special Court of PMLA has denied bail to NCP Leader and Former Cabinet Minister, Nawab Malik in the Money Laundering case registered against him by the Enforcement Directorate.

The Special Judge said that the statement of Munira Plumber, who was the original owner is contrary to the evidence produced by ED. However, the statement cannot be ignored since it is a statement recorded under Section 50 of the PMLA Act.

The Judge said that the twin conditions were not satisfied and the statement of one of the witnesses showed that Malik was in a conspiracy meeting with the underworld don Dawood Ibrahim's sister, Haseena Parker. The judge also noted that Malik was in possession of the tainted property.

The Special Judge RN Rokade had reserved the order on 14 November and it was to be pronounced on 24 November. However, the Special Judge adjourned the case on 24 November while stating that the order could not be completed.

Nawab Malik in his bail plea had stated that he was arrested based on FIR filed lodged by the National Investigation Agency. He had argued that said crime was alleged to have been committed in 1999 and the PMLA Act was enacted in 2002, therefore, the act could not have been made applicable retrospectively. He had also submitted that he was arrested as a victim of political vendetta.

The Enforcement Directorate had opposed the bail plea of Nawab Malik while arguing that Malik had connections with Haseena Parker and Salim Patel who are gang members of Dawood Ibrahim. It was contended that Malik was involved with them with regard to the money laundering of illegal property and received proceeds of crime. It was further alleged that Malik had not co-operated with the investigation agency and had attended meetings with Hasina Parker for controlling the properties. 

The ED had argued that though PMLA Act was enacted in 2002 but the proceeds of the crime were received by Malik till date. Therefore, the argument of retrospective application could not be accepted.

Nawab Malik was arrested by the ED on the grounds that he had purchased property from Ibrahim lower than market value.

Earlier the Bombay High Court had rejected the Habeas Corpus plea of Nawab Malik. The plea before the high court called the arrest by ED illegal. The order of the High Court rejecting his plea was upheld by the Supreme Court.

The NCP leader is in judicial custody and has been undergoing treatment in a private hospital. Earlier in May, the medical bail plea of Malik was rejected by the special court but the court allowed medical treatment at a private hospital