‘Political vendetta’: Nawab Malik moves HC, seeks arrest to be declared illegal

Malik, through law firm Rashmikant and Partners, filed a writ plea in the HC claiming that his arrest was “illegal”, with “political vendetta” and without following due process under Criminal Procedure Code (CrPC).

Malik claimed that ED had taken action against him for being a “vocal critique of misuse of central agencies” since 2020. Malik added that he was not the first to be targeted by central agencies, adding the “trend across the nation where central agencies are being misused by the party in power” is worrying and sought immediate release with a declaration that his arrest was “illegal”. He also sought to quash and set aside the Enforcement Case Information Report (ECIR) in the case.

Malik challenged his remand to ED and said that a “lengthy” and “obscure” remand plea was filed by the central agency to “obfuscate the real issue” and to try and mislead the special Prevention of Money Laundering Act (PMLA) court judge.

Malik claimed the ED application revealed that it was a “mere sale purchase transaction of the property in question in Kurla for due consideration” and the central agency could not make out any case or offence against him. He added that the special court order of February 23 of remanding him was without jurisdiction and passed without any power.

Malik added that the said order was in breach of the petitioner’s “statutory rights” under section 41A of the CrPC, which mandates the investigating officer to issue a notice of appearance before the arrest, as well as violation of provisions of PMLA Act.

HC will hear the plea in due course.