Supreme Court Dismisses Maharashtra Minister Nawab Malik's Plea Against Arrest By ED
The Supreme Court today dismissed the SLP filed by Maharashtra Minister Nawab Malik against the Bombay High Court's order refusing interim relief in his habeas corpus petition before the High Court.
The Bench of Justice D. Y. Chandrachud and Justice Surya Kant said that the case is at too nascent a stage for the Court to interfere and that Malik may move the competent court for relief.
Senior Advocate Kapil Sibal appearing for the Minister sought to rely upon the judgment of the Court in Arnab Goswami's case. Sibal also argued that the arrest is illegal since notice under Section 41A Cr.PC was not served. Sibal also submitted that the Court may not grant bail to him on account of the 5000 page charge sheet that has been filed against him by the Enforcement Directorate.
Solicitor General Tushar Mehta appeared for the Enforcement Directorate.
On the plea of the Malik against observations made by the High Court in its order, the Bench clarified in its order, while dismissing the SLP, that the observations of the High Court shall not stand in the way of the parties taking recourse to remedy available under law.
Nawab Malik, a senior Nationalist Congress Party (NCP) leader, was arrested by the ED on February 23 and is currently in judicial custody.
The ED's case is based on an FIR filed recently by the National Investigation Agency (NIA) against Ibrahim, a designated global terrorist and key 1993 Mumbai bomb blasts accused, and his aides under the Unlawful Activities (Prevention) Act (UAPA).
On Thursday, the ED had submitted a 5000 page charge-sheet in a Court in Mumbai against Nawab Malik
Earlier, the ED had alleged that in lieu of getting control of illegal occupation of a property, Mailk funded a prominent member of 'D-Gang' (Dawood gang). ED had claimed that for usurping "this property, members of the D-Gang and Nawab Malik connived together and executed several legal documents to put a facade of genuinity over this criminal act".