The Enforcement Directorate has opposed the habeas corpus (produce person in court) plea by Maharashtra cabinet minister Nawab Malik stating that the relief sought by the NCP leader is that of a bail.
Malik was arrested by Enforcement Directorate (ED) on February 23 for allegedly hatching a criminal conspiracy for usurping one Munira Plumber's ancestral property in Kurla having current market value of around Rs 300 crore.
On Thursday, additional solicitor general Anil Singh, appearing for the ED, sought dismissal of Malik's plea saying that the petition was not maintainable as the remand order passed by the special judge was not mechanical.
“The relief he's seeking is in the nature of bail. Just because you do not agree with an order of the judge does not make an order mechanical. Matter was argued at length for hours (before the special judge). It is not like he did not hear. He heard till 9 pm. He heard statements of witnesses,” argued Singh.
Singh pointed out Malik's arrest order to the court and said that the minister was informed about the grounds of his arrest. “He (Malik) has been informed of the grounds of arrest. Below (on the document) are his signatures, twice he has signed and on the right hand side are his son’s signatures,” said Singh.
Singh further argued that ultimately the court is considering grant of bail at the interim stage. “In habeas corpus also the Court is considering interim bail,” added Singh.
A division bench of justices P B Varale and S M Modak will continue hearing the arguments on Friday.
