Supreme Court grants two months medical bail to Nawab Malik

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Synopsis

Malik was arrested by the Enforcement Directorate for alleged money laundering and active involvement in terror funding in connection with a 1999 land deal with don Dawood Ibrahim’s sister.

Supreme Court today granted medical bail to NCP Leader and Former Cabinet Minister Nawab Malik in a PMLA case registered by the Enforcement Directorate against him.

"We will grant for two months...Let counter be filed. List after 10 weeks. We make it clear that this order is passed strictly on medical condition and we have not entered into merits of the matter...", ordered a bench of Justices Aniruddha Bose and Bela M Trivedi.

Senior Advocate Kapil Sibal appearing for Malik told the bench today that the complaint was already filed.

"I don't know why I am required..I have been in hospital for 16 months..The report is by JJ hospital, it is a government hospital...He is right now in Criticare hospital..his mother and brother died of kidney failure..his one kidney is already failed..", added Sibal.

Solicitor General Tushar Mehta agreed with Sibal's submission and said that bail on medical grounds could be granted.

In July, the Supreme Court had adjourned hearing of plea filed by Malik after it was informed by ASG SV Raju, that Malik's application for interim bail was heard and rejected by the High Court. He added that the regular bail matter will be taken up after two weeks.

As the court was hearing Malik's plea against the adjournment sought by the High Court in June in the said medical bail plea, a bench of Justices Sanjiv Khanna, Bela M Trivedi, and Ujjal Bhuyan observed that nothing was remaining in the plea.

As an adjournment was sought on behalf of Senior Advocate Kapil Sibal, the bench told the counsel before it to file a fresh plea challenging the High Court's recent decision to decline Malik medical bail.

When the counsel submitted that he was only instructed to seek an adjournment, the bench decided to take up the matter on coming Monday.

Notably, a single judge bench of the Bombay High Court comprising Justice Anuja Prabhudesai yesterday rejected the medical bail plea filed by Malik.

Malik had approached the high court after a Special PMLA Court had rejected his bail plea in December 2022. 

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. 

Case Title: Nawab Malik vs. ED