The Supreme Court on Friday refused to entertain an appeal filed by Maharashtra Minister and NCP leader, Nawab Malik challenging the order of the Bombay High Court which had rejected his interim bail application in a case of money laundering being investigated by the Enforcement Directorate (ED).
“You can apply for bail before the competent court. We will not interfere right now at this case. It’s too nascent for us to interfere at this stage,” said a bench of the Supreme Court, headed by Justice Dr Dhananjaya Yashwant Chandrachud.
The bench dismissed Malik’s appeal seeking release from judicial custody in the money laundering case involving underworld don Dawood Ibrahim which is being investigated by the ED.
Senior advocate Kapil Sibal, appearing for Malik, questioned how the Prevention of Money Laundering Act can apply since there is no predicate offence. “He has no role in the present PMLA case, as investigated by the ED,” Sibal said.
Sibal cited befofe the Supreme Court that Arnab Goswami judgement is in my favour. But, the Supreme Court judge, Justice Chandrachud refused to give relief to Malik, and said, no Mr Sibal, we will not entertain.
“We are not inclined to exercise jurisdiction under 136 when the investigation is at the nascent stage,” the Supreme Court said.
The Supreme Court also said that the observation of the Bombay High Court was on merits, and it is confined to the question of whether interim relief was required to be granted and shall not come in the way of parties taking recourse to the rights available in law.
Malik has challenged the March 15 order of the Bombay High Court which had rejected his application saying just because the special Prevention of Money Laundering Act (PMLA) court’s order remanding him in custody is not in his favour, it does not make that order illegal or wrong.
After the Enforcement Directorate had arrested Malik under the provisions of the PMLA, he had filed a habeas corpus plea in the High Court claiming that his arrest by the ED and the consequent remands were illegal.
The High Court had said that Malik was arrested by the ED in accordance with the law, and subsequently been remanded to the ED’s custody and then to judicial custody following due process.
The ED had accused Malik of being part of an alleged criminal conspiracy to usurp a property in Mumbai’s Kurla area which currently has a market value of Rs 300 crore and belongs rightfully to one Munira Plumber.