Maharashtra cabinet minister Nawab Malik’s counsel urged the Bombay High Court on Wednesday to pass an interim order for his release from custody emphasising that the NCP leader had been behind bars for 16 days following his “illegal” arrest.
Malik was arrested by Enforcement Directorate (ED) on February 23 for allegedly hatching a criminal conspiracy for usurping one of Munira Plumber's ancestral properties in Kurla having a current market value of around Rs 300 crore.
Malik's counsel Amit Desai argued that Malik had brought the property in question is a bona fide transaction over two decades ago and was now suffering as the ED termed the sale as illegal and a continuous offence of money laundering and booked him under the draconian Prevention of Money Laundering Act (PMLA)
“Any date after his release we are willing to go for a full hearing of the matter, but kindly grant him interim relief. He has already spent 16 days in prison,” said Desai. “The police authorities, on fanciful grounds, cannot disgrace any disliked face under the cloud of his or her involvement in an offence of organised crime. This is my submission,” he added.
Seeking relief, Desai said: “It was a bona fide sale transaction.. But now I must spend the next five years in jail because Munira says she didn't give a power of attorney which has been registered 22 years later.”
Questioning the ED case that it was a continuous offence, Desai said the sale transaction was over in 2003, merely because he is in possession of the property, ED can’t say it is a continuous money laundering offence. “Act of possession was complete with an indenture of sale. That day, the act of possession was complete. The consequence of the act is ownership which continues till date,” argued Desai.
He further argued that the state or investigating agency may discover some crimes after 10-15 years when some witness turns up or some evidence crops up. “There is nothing to stop them (form probing after several years)… But that does not mean that it is a continuing offence,” added Desai.
A division bench of justices P B Varale and S M Modak will hear ED’s arguments on Thursday.
