By PTI
NEW DELHI: Maharashtra minister and NCP chief Nawab Malik has moved the Supreme Court towards an order of the Bombay High Court which had rejected his interim software in search of rapid launch in a case of cash laundering.
In his plea which has been drafted by advocate Ankur Chawla, Malik has challenged the March 15 order of the division bench of the excessive court docket which had rejected the applying saying simply because the particular PMLA court docket’s order remanding him in custody is just not in his favour, it doesn’t make that order unlawful or improper.
The particular depart petition (SLP) has been filed by advocate V D Khanna.
After the Enforcement Directorate had arrested Malik underneath the provisions of the Prevention of Money Laundering Act (PMLA), he had filed a habeas corpus plea within the excessive court docket claiming that his arrest by the ED and the resultant remands have been unlawful.
The excessive court docket had mentioned that Malik’s counsel had argued earlier than the PMLA court docket and vehemently opposed the ED’s request for the minister’s custody.
“There is also merit in the submissions of the Additional Solicitor General (ASG) that merely because the special court granted the custody of petitioner (Malik) would not make that order illegal ipso facto because the petitioner is aggrieved,” the excessive court docket had mentioned.
The excessive court docket had mentioned that Malik was arrested by the ED in accordance with the legislation, and subsequently been remanded to the probe company’s custody after which to judicial custody following due course of.
It had famous that Malik had gone to the ED’s workplace for questioning on February, 23, the day he was arrested, in response to earlier summons issued to him by the central company.
He was then issued an arrest order and brought into custody by the ED, the excessive court docket had mentioned.
“In the present case, there is no dispute on the factual aspect that custody order is passed by the competent court of jurisdiction- the special court,” the excessive court docket had mentioned.
“And secondly, merely because the order is against the petitioner, it cannot be termed as patently illegal,” the court docket had mentioned.
Malik was arrested by the ED over a property deal allegedly linked to the aides of gangster Dawood Ibrahim.
Soon after his arrest, the minister had filed a habeas corpus plea within the excessive court docket, difficult his arrest and the remand orders.
As an interim prayer, he had sought that he be launched from custody instantly.
The excessive court docket had mentioned that Malik’s petition had raised some debatable points and the court docket wanted to listen to at size the arguments from each side earlier than passing any closing orders.
The central company has accused Malik of being a part of an alleged legal conspiracy to usurp a property in Mumbai’s Kurla space which presently has a market worth of Rs 300 crore and belongs rightfully to 1 Munira Plumber.
Malik had contended earlier than the excessive court docket that he had purchased the property in a bonafide transaction three many years in the past, and Plumber has now modified her thoughts in regards to the transaction.