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The Bombay High Court on Wednesday has asked the Enforcement Directorate to respond on a plea filed by Mohammed Nawab Mohammed Islam Malik @ Nawab Malik against his remand granted to ED seeking immediate release.

A bench of Justice SB Shukre and Justice Sanap has directed that any further remand allowed will not affect the rights of the parties.

Malik in his plea alleged that his arrest was illegal and that he was targeted for being a vocal critic of the misuse of Central agencies. It has alleged that ED has false created impression that the Money Laundering case is related to NIA's FIR against Dawood Ibrahim.

Earlier, A Special Judge (PMLA), Greater Bombay had remanded Malik in the custody of the Enforcement Directorate till March 3, 2022.

“Prima facie, there are reasonable grounds to believe that the accusations are well-founded under PMLA. The investigation is at the nascent stage. Having regard to the serious allegations and statements in support of it, I am of the considered view that custodial interrogation of the accused is necessary to unearth all the ramifications involved in the crime….”, observed Special Judge Rahul Nagnath Rokade.

The Special Court further noted that custodial interrogation of Malik is necessary to collect seized, recovered documents at his instance. 

Relying on section 3 of the Prevention of Money Laundering Act, 2002, Judge Rokade said that the offence of money laundering is continuing in nature and it continues till such time a person enjoying the proceeds of crime by its concealment or possession or acquisition or use of untainted property or use or projecting the same as untainted property.

“The proceeds of crime have traversed since last 20 years and more. Therefore, sufficient time is required to be granted for the investigation of the offence…”, Court held while passing the remand order.

Further, rejecting submissions advanced on behalf of Malik that he was illegally arrested, Court noted that Malik had not co-operated with the investigation on the crucial aspects, the grounds of arrest were communicated to Malik and there was substantial compliance under section 19 of the PMLA.

Malik was arrested on February 23, 2022, under section 19 of the Prevention of Money Laundering Act, 2002 (PMLA).

It was alleged that the Malik in connivance with D-­gang members i.e. Haseena Parker, Salim Patel and Sardar Khan hatched a criminal conspiracy for usurping a prime property in Mumbai, lawfully belonging to one Munira Plumber and her mother having, and market value of around Rs.300 crores which has been held by the special court to be proceeds of crime as defined under section 2(1)(u) of PMLA.

Case Title: Mohammed Nawab Mohammed Islam Malik @ Nawab Malik Vs. The Directorate of Enforcement