Bombay High Court Reserves Order On Former NCP Leader Nawab Malik's Bail Plea Filed On Medical Grounds

Mumbai: The Directorate of Enforcement (ED) has opposed the bail plea filed by former state minister and NCP leader Nawab Malik saying several people are living normal lives with just one functioning kidney.

Malik, who was arrested in February 2022 by the ED in an alleged money laundering case linked to fugitive gangster Dawood Ibrahim and his aides, has sought bail on medical grounds contending that he has lost a kidney and the other kidney is functioning weakly.

His health has been deteriorating over the last eight months: Malik's lawyer

The NCP leader is in judicial custody and at present is undergoing treatment at a private hospital for chronic kidney disease.

Justice Anuja Prabhudessai on Friday reserved his bail plea for orders. “Closed for orders. I will pass the order by next week,” Justice Prabhudessai said.

Amit Desai, Malik’s counsel, argued that the NCP leader’s health has been deteriorating over the last eight months and that at present he is in stage 2 to stage 3 of chronic kidney disease.

“It is not possible to reverse the disease but at least his condition can be stabilised. Surgeries need to be performed. This will ultimately be fatal if he continues to be in such a stressful situation,” Desai argued while seeking bail.

However, Additional Solicitor General Anil Singh, appearing for ED, opposed the plea saying that Malik's condition is not as critical as is being portrayed.

ASG said: “Only his left kidney has a problem. His right kidney is functioning well. Many times people donate a kidney and with one kidney they live their lives. He (Malik) will also live a normal life.”

Singh also showed Malik’s medical report prepared by the medical board of the JJ Hospital which said that Malik need not be hospitalised. He further argued: “The ground that Malik is under stress cannot be accepted as, nowadays, everyone is living under stress. Who doesn't have stress.”

Requesting the court to take a sympathetic view of Malik's situation, Desai said that he was charged with an offence which was punishable by a maximum of seven years of imprisonment. When it comes to medical emergencies there cannot be a discriminatory attitude by the government and ED. This infringes Article 14 of the Constitution, the counsel said.

Pointers:

Money laundering case

-Bail sought on medical grounds

-ED opposes plea 

-Accused undergoing treatment

-ED argues accused can live without one kidney says his condition not critical