[BREAKING] Mumbai court rejects bail plea of Nawab Malik in money laundering case

A Mumbai court, on Wednesday, rejected a bail plea filed by former Maharashtra cabinet minister Nawab Malik in a money laundering offence involving underworld don Dawood Ibrahim..Special judge RN Rokade pronounced the verdict today on the regular bail plea filed by Malik."Prima facie, there is evidence to indicate that there was a conspiracy between the deceased Hasina Parkar, Salim Patel (linked to Dawood) and Malik to grab prime land owned by Mrs. Munira Plumber and her mother Mariyum Goawala. The attending circumstances clearly indicate that Malik was having express knowledge that deceased Parkar and Patel were involved in the Goawala Compound. Despite knowledge of the ownership, the applicant did not verify the facts mentioned in notarized Power of Attorney from the original owners" the order stated.The Court acknowledged that Malik was not named in the scheduled offence but even otherwise, every process or activity, fell within the ambit of definition of moneylaundering..While Malik is not named in the scheduled offence. Even otherwise, every process or activity including possession and claiming the property falls within the ambit of definition of moneylaundering. In the case at hand, M/s. Solidus Investments Pvt. Ltd. also purchased covered area given to co accused Sardar Khan in the year 2005.The Enforcement Directorate (ED) had arrested Malik on allegations that he had purchased a property at a rate lower than market value from Ibrahim.Malik was allegedly picked up from his residence at 7 am on February 23 for interrogation after he was made to sign the summons issued to him by ED.After interrogation for over 8 hours, Malik was arrested and remanded to ED custody for 8 days after which he has been remanded to judicial custody.Malik had also moved the Bombay High Court by way a Habeas Corpus petition which came to be dismissed. The same was upheld by the Supreme Court..After the Special PMLA Court took cognizance of the chargesheet in May 2022, Malik filed for regular bail under Section 439 of the Code of Criminal Procedure.Malik pleaded that despite having a bulky chargesheet running into 9 volumes after investigation of over 6 months, ED still relied merely on the statement of Munira given 22 years later with no corroborative evidence which showed the falsity of the allegation.He claimed that he is a victim of political vendetta.He also mentioned that the present PMLA case was registered on the basis of FIR by the National Investigation Agency (NIA). However he had not been chargesheeted in the NIA case.Malik emphasized that the present case was based on a transaction which supposedly took place in 1999, when PMLA was not in existence; and PMLA could not be applied retrospectively 22 years later. Till date there was no FIR against the supposed usurpation of property, he submitted..Seeking dismissal of the application, ED stated that after several failed attempts of seeking reliefs, this petition has been filed on the same grounds.The agency reiterated that Malik had connived with the D-gang members, Haseena Parkar, Salim Patel who were involved in the laundering of illegally usurped property or proceeds of crime as per Prevention of Money Laundering Act (PMLA).They stated that Malik had not co-operated with the investigation despite the fact that the agency had statements of witnesses recorded which led to the conclusion that Malik was personally involved in the activity.The complainant’s land has been illegally usurped and this makes it a proceeds of crime, which has been laundered and continues so, till date.Malik played an active role and that is evident from the fact that he attended meetings to resolve the issue as to whether he or Haseena Parkar would control usurped property, the agency submitted.Since proceeds of crime were being laundered after the enforcement of the PMLA, hence, it is not a retrospective application of the Act, the agency said..[Read order]