Mumbai: A petition has been filed in the Bombay High Court seeking cancellation of the interim bail granted to former Maharashtra minister Nawab Malik alleging that he is misusing the liberty granted to him and threatening witnesses, thereby flouting bail conditions imposed on him.
Malik, NCP (Ajit Pawar) faction leader, was arrested on February 22, 2022 by the Directorate of Enforcement (ED) in an alleged money laundering case related to underworld fugitive Dawood Ibrahim and his aides. He was granted interim medical bail by the Supreme Court in August 2023 to undergo treatment for kidney. He is contesting the Maharashtra Assembly election from Mankhurd Shivaji Nagar Assembly constituency, the polling for which is to take place on November 20.
About The Plea
The plea filed by city resident Samson Pathare alleges that Malik has directly contravened the conditions imposed by the court while granting interim bail.
Malik had obtained medical bail on the ground that his kidneys were failing and he "needed hospitalisation and continuous treatment". However, Malik neither underwent any surgery nor hospitalisation, the plea stated. Moreover, he is neither critical nor medically unfit requiring him to be out on medical bail. “He has prima facie misled the court and is misusing the liberty after to him,” the plea adds.
In the guise of the election campaign, Malik is “settling scores” with the witnesses acquainted and related to the case and is “extending threats” to witnesses to change their stance before the special PMLA court, the plea adds.
Also, due to the election campaign, he is continuously outside the jurisdiction of the PMLA court and also giving interviews to the media, which again is in violation of his bail condition.
He is evidently evading the due course of justice thereby abusing the concession granted to him by deliberately causing a delay in the trial before the special court.
The NCP leader has also failed to give his medical details of the ED from time to time, as required.
In August 2023, the Supreme Court granted interim bail to Malik, and it has been extended from time to time. The apex court clarified that Malik’s medical bail will be valid till the HC decides on his regular bail plea.
