Sufficient material on record to frame charges against Nawab Malik, others in ED case: Court

Special Judge S R Navander that there is sufficient material on record to frame charges against all the accused, rejecting a plea filed by Malik Infrastructure, through its partner Aamir, Malik’s son.

The firm had claimed that since it did not exist before a lease agreement in 2010-11, allegations made pre-dating this period regarding a land in Kurla, do not apply.

The court, however, said that the rent from the property collected by Malik Infrastructure constitutes “proceeds of crime”.

Along with the firm and Malik, the ED has named as accused Solidus Investments, also linked to the NCP leader’s family, and Sardar Khan, who is a convict in the 1993 blasts case, currently serving life imprisonment in Amravati jail.

The ED had alleged that land in Goawala compound in Kurla belonging to two women – Munira Plumber and Marium Goawala – were usurped by Hasina Parkar, the sister of fugitive gangster Dawood Ibrahim, through her associate Salim Patel.

The ED claimed that the power of attorney for the land was forged and it was transferred without any authorisation, and subsequently bought by Solidus.

The ED claimed that the firm collected rents from tenants till 2010-11, and then the other real estate firm Malik Infrastructure was formed for collection of rent, repair and maintenance of the premises.

Malik Infrastructure, while seeking discharge from the case, had said that the lease transaction with Solidus was only entered in 2010-11, and since the firm was not in existence then, the charges against it cannot be framed.
“…it is evident that Accused No.1 Nawab Malik, in connivance with D-Company members — Haseena Parkar, Salim Patel, and accused Sardar Khan, participated in laundering of illegally usurped property, which constitutes ‘proceeds of crime’ under Section 2(1)(u) of PMLA.

The said property has been attached under Section 5(1) of PMLA. Further, rent collected through M/s. Solidus Investments Pvt. Ltd. and M/s. Malik Infrastructure, both controlled by the Malik family, constitutes proceeds of crime within the meaning of Section 2(1)(u) of PMLA,” the court said.

It considered submissions made by special public prosecutor Sunil Gonsalves and observed that as both the companies, Malik Infrastructure and Solidus are “family entities” of Malik, distinguished on paper for taxation and administrative purposes, and they cannot be treated as separate, independent entities for the purpose of criminal liability. Malik is currently out on bail.