The Bombay High Court on Thursday rejected the interim bail plea filed by former state minister and NCP leader Nawab Malik on medical grounds in an alleged money laundering case registered by the Directorate of Enforcement (ED) related to underworld fugitive Dawood Ibrahim.
Justice Anuja Prabhudessai, while rejecting the temporary medical bail plea, said that she will hear the NCP leader’s bail plea on merits in two weeks.
Malik was arrested in February 2022 by ED
After detailed arguments by Malik’s counsel and ED, Justice Anuja Prabhudessai had reserved the order on June 16.
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.
The NCP leader is in judicial custody and at present is undergoing treatment at a private hospital for chronic kidney disease.
The ED had opposed Malik’s medical bail plea saying several people are living normal lives with just one functioning kidney.
Malik's counsel argued that his health is deteriorating
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.
Prosecution says Malik's condition not as serious as portrayed
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.
