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Synopsis

A single judge bench of the Bombay High Court on Tuesday questioned if the National Congress Party Leader can be considered as a sick person for grant of bail under Section 45 of the Prevention of Money Laundering Act 2002.

Justice MS Karnik said that the court needs to be satisfied first with the medical condition of Malik as to whether he is a sick person within the definition of the 'sick person' to hear the bail plea of Maik urgently.

The bench said that several applications are filed before the high court stating that the bail plea should be heard because the accused is a sick person. The bench asked the counsel appearing for Malik and Enforcement Directorate to argue on the definition of the sick person and if Malik's status would fall within the definition.

The NCP leader has sought bail relying on the proviso to Section 45 of the PMLA Act which states that a person who is under the age of sixteen years or is a woman or is sick or infirm, may be released on bail if the special court so directs.

The court has now posted the matter on February 21, 2023.

Senior Advocate Amit Desai appeared on behalf of Nawab Malik and Additional Solicitor General Anil Singh appeared on behalf of the Enforcement Directorate.

Malik approached the High Court after the Special PMLA Court denied bail to him in December 2023. Earlier in December, the high court had refused to list the bail plea urgently.

Malik, in his plea, stated that the special court had not considered his medical condition while denying bail.   

Earlier in 2022, 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. 

Case Title: Mohammad Nawab Mohammad Islam Malik vs Directorate of Enforcement