Seven grounds on which ED has opposed Nawab Malik Habeas Corpus plea in Bombay High Court

Cabinet Minister Nawab Malik has sought to combine multiple causes of action in his Habeas Corpus plea challenging his arrest, remand and custody by Enforcement Directorate (ED) in the money laundering case against him, the investigating agency has told the Bombay High Court..In its 13-page reply filed by the Assistant Director Niraj Kumar, ED sought dismissal of Malik's writ petition on the ground that not only is the petition not maintainable, but it also amounts to a dilatory tactic to derail an ongoing investigation..The other grounds mentioned in ED's reply are as follows:Petition seeks to combine three distinct purported causes of action being Habeas Corpus, quashing and release/ bail, which assuming but not admitting, are exist is a clear mis-joinder of causes of action;Since Habeas /corpus is not maintainable, Malik's arrest is in accordance with PMLA and the subsequent remand of custody is valid;Further since the jurisdiction of the Special PMLA Court is not under challenge, the competent court has exercised its judicial power of remand;Investigation is the prerogative of the agency and it would be the sole domain of the agency as to how to conduct the investigation and who and when to arrest;Attempt to seek release at this stage is nothing but an attempt to seek bail without having to satisfy the twin conditions prescribed under PMLA;A full and fair investigation undertaken by the ED is in the interest of the society at large considering the offence of money laundering affects the society and the national economy;Courts ought not scuttle the investigation at the initial stage where facts are still required to be unearthed;In view of these grounds, ED submitted that the writ petition should be dismissed..ED had arrested Malik on allegations that he had allegedly purchased a property from underworld don Dawood Ibrahim for an amount of ₹20 lakh (through a company controlled by him - Solidus Investments Pvt. Ltd.) which was lower than the market value (₹3.54 crore as per ready reckoner rate). ED claimed by relying upon an eye-witnesses statement that an amount of ₹55 lakhs was illegally paid to Haseena Parker for this property, out of which ₹5 lakh was paid in cash by the son and brother of Malik.ED also claimed that it was a matter of record that ₹15 lakh was paid by cheque to Salim Patel (Parker's driver) and ₹5 lakh was paid to Sardar Khan (associate of D-gang and convict is 1993 bomb blast case)..Malik was allegedly picked up from his residence at 7 am on February 23 for interrogation and after 8 hours was arrested and taken for medical examination.From there, he was produced before Special PMLA Judge who remanded him to 8-day custody, which was extended till today and Malik has now been remanded to judicial custody.Malik moved the High Court by way of present Habeas Corpus petition filed through Rashmikant & Partners.He assailed the Enforcement Case Information Report (ECIR), the arrest and the remand terming it illegal.He stated that such illegal acts rendered his continued detention illegal and without jurisdiction entitling him to a writ of habeas corpus and immediate release.He has also sought setting aside of the order of the special PMLA judge dated February 23 by which he was remanded to ED custody for 8 days.Malik’s plea stated that his political rivals had been “deeply embarrassed by the exposes” carried out by him.He added that his arrest was a “brazen and completely illegal action” by the ED to muzzle him..A Bench of Justices PB Varale and SM Modak will hear the plea on Tuesday..Senior Advocate Amit Desai appeared alongside Advocates Tareq Sayed, Kushal Mor briefed by advocate Rohan Dakshini from Rashmikant & Partners.Additional Solicitor General Anil Singh appeared with advocates Aditya Thakker and Pranav Thackur for ED.