Mumbai: A special court in Mumbai has refused to discharge a real estate company run by former Maharashtra minister and NCP leader Nawab Malik's family in a money laundering case, saying there exists 'sufficient material on record' to frame charges.
The special judge Satyanarayan R Navander, observed, “It is evident that Nawab Malik, in connivance with D-Company members – Haseena Parkar, Salim Patel and accused Sardar Khan, participated in laundering of illegally usurped property, which constitutes proceeds of crime. Further, rent collected through Solidus Investments Pvt Ltd and Malik Infrastructure, both controlled by the Malik family, constitutes proceeds of crime.”
The court stated it will now proceed to frame charges against all the accused – Malik, Solidus Investments, Malik Infrastructure and Sardar Khan – at the next hearing scheduled for next week.
Malik Infrastructure Sought Discharge
Malik Infrastructure, a firm having Malik, his son Amir and wife Mehjbeen as partners, had approached the special court for discharge in April last year, claiming that the firm had no role in the alleged land deal. The firm had claimed that it had an agreement with Solidus Investments Pvt Ltd for collection of rent for only one part of the Kurla Goawala Compound.
Advocate Zoheb Shaikh for the firm had contended that it was not in existence or involved at the time of the alleged illegal acts and therefore no charge can be framed against it.
ED Opposed Plea, Says Firms Only Different on Paper
ED prosecutor Sunil Gonsalves opposed the plea, arguing that the submissions made by the accused were untenable. The prosecution contended that the firm is represented by Nawab Malik himself and has effectively stepped into the shoes of Solidus Investments. Both firms are family-run entities of Malik, with their distinction existing only on paper for taxation and administrative purposes. Therefore, they cannot be treated as separate entities in matters of criminal liability, it further stated.
It was also contended that the Appellate Tribunal had on November 13, 2024, had stated that the possession of the property would be with Malik Infrastructure, subject to the outcome of the present trial. The tribunal directed both parties to maintain the status quo regarding possession. Therefore, the attachment has neither been quashed nor set aside, the prosecution had contended.
Court Finds Grounds to Proceed
With the view of the prosecution’s objection, the court rejected the discharge plea saying, “It is evident that there exists sufficient material on record to frame charge against all the accused for the offences punishable under the Prevention of Money Laundering Act.”
As per the prosecution case, Malik in conspiracy with other accused - Dawood's sister Haseena Parkar, Salim Patel and Sardar Khan – to illegally usurp the properties, located in Goawala compound in Kurla from Manira Plumber and her family.
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Meanwhile, a portion of the Goawala Compound land was owned by one Karimbhai Patel through his company, Solidus. The Enforcement Directorate (ED) alleged that the takeover was intended to usurp the entire Goawala Compound.
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