Nawab Malik moves Mumbai court for medical bail; seeks permission to conduct surgery in private hospital

Maharashtra Cabinet minister Nawab Malik has approached the Special Court under the Prevention of Money Laundering Act (PMLA) seeking medical bail and permission to conduct surgery in a private hospital in Mumbai [Nawab Malik v. Enforcement Directorate & Ors.]..Malik had gone for a medical check up at the JJ hospital in Mumbai, where he was informed that he has cysts in his renal area which require surgery for removal.Malik then approached the Special Court through law firm Rashmikant & Partners on Thursday seeking permission to conduct surgery in a private hospital and temporary medical bail of 6 weeks.He also sought medical bail in order to enable him to undergo the surgery and get proper post operative care. Special RN Rokde issued notice to the Enforcement Directorate and jail authorities to file their responses on the application. The matter will be heard again on May 2, 2022. .ED had arrested Malik on allegations that he had allegedly purchased a property at a rate lower than market value from underworld don Dawood 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 taken for medical examination.From there, he was produced before Special Judge under Prevention of Money Laundering Act (PMLA) who remanded him to 8-day custody.Special Judge Rokade while remanding him to custody reasoned that sufficient time would be required to investigate proceeds of crime which traversed over the last 20 years. The judge had also observed that the allegations against Malik were prima facie well-founded.Malik had then moved Bombay High Court by way a Habeas Corpus petition which came to be dismissed leading to plea before the Supreme Court, which was also dismissed.The Supreme Court directed Malik to approach the special court for bail. Malik has not yet filed for regular bail, despite remarks from the Supreme Court, as he is waiting for a copy of the prosecution complaint filed by the central agency.