Supreme Court refuses relief to NCP leader Nawab Malik; asks him to approach High Court for early hearing in bail plea

Read Time: 05 minutes

Synopsis

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

The Supreme Court has refused to allow any immediate relief to NCP Leader and Former Home Minister Nawab Malik who was arrested last year by the Enforcement Directorate (ED) for alleged money laundering and active involvement in terror funding in connection with a 1999 land deal with don Dawood Ibrahim’s sister.

Court has further asked Malik to approach the Bombay High Court for an early hearing of his bail application. Notably, the High Court had recently adjourned Malik's bail application to June 6. Aggrieved by this, the NCP leader had come to the top court seeking relief on medical grounds.

A bench of Justices Sanjiv Khanna and MM Sundresh has stated that the High Court will be at liberty to take up the matter in the meantime.

Senior Advocate Kapil Sibal, appearing for Malik, told court that the bail application in the High Court was being adjourned on the ground of non-availability of the Additional Solicitor General.

ASG SV Raju then assured the bench that ED would be ready next week. 

Supreme Court also refused to allow Sibal's request to specify that the matter be heard by the High Court next week.

In March, a single judge bench of the Bombay High Court comprising Justice MS Karnik was informed by Senior Advocate Amit Desai appearing for the NCP Leader 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.

Desai had further told the court that he had prepared a two-page note of health and progress of Nawab Malik since May from time to time.

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.

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: Mohammed Nawab Malik vs. State of Maharashtra