[PMLA case] "Nawab Malik played active role:" ED opposes bail plea in Mumbai Court, seeks his return to prison

Former Maharashtra cabinet minister Nawab Malik should be taken back to jail from hospital since he no longer requires medical treatment, the Enforcement Directorate (ED) told the Mumbai Court on Tuesday in its reply opposing Malik's bail application in the money laundering offence involving underworld don Dawood Ibrahim..The Special Court had in May this year permitted Malik to avail treatment at a private hospital for a period of 6 weeks.The agency contended that it has been more than 6 weeks since Malik has been ‘ostensibly at large’ for medical treatment, and there is no credible information available with the agency on the status of Malik’s treatment. The ED contended that since Malik did not raise any medical grounds in this plea, he no longer required medical treatment and hence, should be lodged back into jail in the interest of investigation.The agency also added that the bail plea was a ploy to hide the fact that the 6 weeks granted by the Court for medical treatment has expired..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..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.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.The bail plea will be heard by the Special Court on July 26..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.