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Synopsis

A single judge bench of the Bombay High Court comprising Justice MS Karnik on Tuesday was informed by Senior Advocate Amit Desai appearing for NCP Leader and Former Home Minister Nawab Malik in the PMLA case that the head of the department of the JJ Hospital in his report has stated that Nawab Malik lost his one kidney while he was in custody.

He said, "Now report is before your honorable court. The head of the department said he needs treatment. The fact that he has lost his kidney is accepted by the medical board. When we look at sick there is no doubt of medical conditions which is confirmed by JJ hospital."

Desai told the court that he had prepared a two-page note of health and progress of Nawab Malik since May from time to time. To this, Justice Karnik said that he would not be able to follow because it will be technical, to which the lawyer said, 

"It is technical but bottom line is that as per JJ hospital report, he lost one kidney while in custody."

He further argued that the allegation against Malik was that he had acquired property from Salim Patel who had the Power of Attorney in his favor.

Salim Patel had executed a sale in favor of a company called Solidus which is owned by Malik's brother.

The court was informed that Malik was neither a shareholder of the company nor a director on the board.

The allegation was that Salim Patel did not have the power of attorney to execute the sale and since he is a henchman of Dawood Ibrahim it is proceeds of crime.

Desai argued that no offence under the IPC was registered against Salim Patel. Desai said,

"There is no IPC offence for forgery of Power of Attorney till today. No offense of cheating that Salim Patel cheated the owner. There is no offense of extortion and no criminal intimidation. There is absolutely nothing."

He further argued that Malik was not connected to Dawood Ibrahim and he was an elected representative for 5 terms.

"It is absurd. I am the only person not part of the Dawood gang and the rest are. I am nowhere connected and I am elected representative 5 times since 1996," Desai on behalf of Malik said.

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

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.