The Bombay high court on Tuesday clubbed state minister Nawab Malik’s plea seeking temporary bail to cast his vote in the forthcoming Maharashtra Legislative Council (MLC) elections along with the similar plea filed by former home minister Anil Deshmukh.
Malik’s and Deshmukh’s pleas will be heard by Justice NJ Jamadar on Wednesday.
Malik has filed a fresh plea after the high court, on Monday refused to grant him relief. Malik has sought permission to be allowed to step out of jail, on a bail bond for a day or under escort, to cast his vote for the June 20 MLC elections.
On Tuesday, his advocate mentioned the plea before justice Bharti Dangre. Justice Dangre gave her consent to tag the petition with that of Deshmukh. Deshmukh’s plea is listed for hearing before Justice Jamadar on Wednesday.
Initially, on Monday, the NCP leader had sought to amend the earlier petition filed by him seeking to be released on June 10 to cast vote in the Rajya Sabha elections. The HC, on June 10 had refused to grant him any urgent relief saying that the tenor of his plea was for bail.
However, justice PD Naik refused to entertain the plea and noted that such an amendment cannot be carried out as the cause of action and purpose has changed. “The elections you (Malik) wanted to vote for on June 10 is over. Now, you are seeking release for another election. That renders this petition (of June 10) infructuous (invalid),” Justice Naik had said. Asking Malik to file fresh plea, justice Naik added: “File a fresh petition.. By carrying out an amendment, a new prayer cannot be introduced.. Something that is against the procedure cannot be allowed.”
Malik was arrested by the ED on February 23 this year in connection with a money laundering probe linked to the activities of fugitive gangster Dawood Ibrahim and his aides.
