ED seeks dismissal of Nawab Malik’s plea in HC against ‘illegal arrest’

In his Habeas Corpus (produce the person before court) plea, the NCP leader had claimed that his arrest was “illegal”, made with “political vendetta” and without following due process under the Code of Criminal Procedure. Senior advocate Amit Desai and advocates Taraq Sayed and Kushal Mor, appearing for Malik, had argued that he was arrested in connection to two sets of transactions, in which he was not involved.

The ED, in its affidavit filed through Assistant Director (Mumbai Zone) Niraj Kumar said that Malik’s plea sought to combine multiple causes of action, including Habeas Corpus, quashing of ECIR and release/bail in a single petition and it amounted to “misjoinder (improperly joining together)” and therefore, the plea was not maintainable.

The ED added that the petitioner’s arrest was made as per Prevention of Money Laundering Act and subsequently, he was remanded to custody by a valid order of the special court.

“…Full investigation being undertaken by the respondent is in the interest of society at large considering the offence of money laundering affects the society and the national economy… the courts cannot and ought not scuttle the investigation at the initial stage where facts are still required to be unearthed…,” the agency said.

The ED is investigating the mode and method of payment used for the purchase of Goawala Building in Kurla. It had previously claimed before the trial court that Rs 55 lakh was paid to Salim Patel, the driver and alleged associate of Haseena Parkar – sister of Dawood Ibrahim – for the property. It had said that while it was alleged that Malik had paid Rs 55 lakh in cash to Parkar, the actual figure was Rs 5 lakh.

In its affidavit filed in HC, the ED claimed that the Rs 5 lakh in cash was paid by Faraz Malik (petitioner’s son) and Aaslam Malik (petitioner’s brother).

Further, ED said that as per records, Rs 15 lakh by cheque was to be paid to Patel. Another Rs 5 lakh by cheque was to be paid to Sardar Khan, who was convicted for life in the 1993 Mumbai bomb blast case.

“The registry/ready reckoner rate of the property was Rs 3.54 crore at the material time as against the payment of Rs 20 lakh by Mis Solidus Investments Private Limited (allegedly controlled by Nawab Malik)… The petitioner connived with the D-gang members and is involved in laundering of illegally usurped property, proceeds of crime,” the ED said. The agency also denied that it had picked up Malik forcibly. It claimed that Malik was arrested at 2 45 pm on February 23, before which he was served summons and his statement was recorded after he “voluntarily” visited the ED office accompanied by his son.*

A division bench of Justice Prasanna B Varale and Justice Shriram M Modak will hear Malik’s plea on Tuesday.