NCP leader and state cabinet minister Nawab MalikArrested for alleged money laundering and “active involvement in terror funding” related to a land deal in 1999 with the sister of underworld don Dawood Ibrahim, on Monday approached the Bombay High Court challenging the arrest.
Malik was arrested by the Enforcement Directorate (ED) on February 23 and later remanded to the central agency’s custody till March 3 by a special court.
Malik filed a writ petition in the HC through law firm Rashmikant & Partners, claiming that his arrest was “illegal”, with “political vendetta” and without following due process under the Code of Criminal Procedure (CrPC).
Malik claimed that the ED had acted against him since 2020 for “vocal criticism of misuse of central agencies”. Malik said he was not the first to be targeted by central agencies, adding that “the trend across the country where central agencies are being misused by the party in power” is worrying and with the announcement demanded immediate release saying that his arrest was “illegal”. He also sought quashing and quashing of the Enforcement Case Information Report (ECIR) in the matter.
Malik challenged his remand to the ED and filed a “long” and “vague” remand plea by the central agency to “hide the real issue” and mislead the Special Prevention of Money Laundering Act (PMLA) court judge Went.
Malik claimed that the ED’s application showed that it was “only a sale purchase transaction for due consideration of the property under consideration at Kurla” and the central agency could not make out any case or offense against him. He said the February 23 special court order to take him on remand was without jurisdiction and was passed without any power.
Malik said the said order is in violation of the “statutory rights” of the petitioner under Section 41A of CrPC, which mandates the investigating officer to issue a notice of appearance before arrest, in violation of the provisions of the PMLA Act. .
The HC will hear the petition in due course.