A bench headed By justice DY Chandrachud and Surya Kant stated that the Bombay High Court order of March 15 would not be overruled; however, Malik may seek the solution available under the law before the trial court.
Digital Desk: The Supreme Court today refused to grant bail to Maharashtra cabinet minister and NCP leader Nawab Malik in a money laundering case, stating that the investigation is in its early stages.
A bench headed By justice DY Chandrachud and Surya Kant stated that the Bombay High Court order of March 15 would not be overruled; however, Malik may seek the solution available under the law before the trial court.
Senior advocate Kapil Sibal, representing Nawab Malik, said, "They arrested him in 2022 for something that happened in 1999. No case has been made out under the Prevention of Money Laundering Act (PMLA) because there is no predicate offense."
On March 15, the Bombay High Court denied Malik's interim application for immediate release in a money laundering case, stating that just because the special PMLA court's order remanding him in custody is not in his favour does not make the order illegal or wrong.
Malik was arrested by the Enforcement Directorate in February under the provisions of the PMLA, following which Malik filed a writ petition in the high court, claiming that his arrest by the ED and subsequent remands were illegal.
The high court stated that Malik's counsel argued before the PMLA court and firmly opposed the Enforcement Directorate's request for the minister's custody.
Even so, the special court remanded him to the custody of the Enforcement Directorate and then to judicial custody based on valid legal grounds.
However, according to the high court, the minister could still apply for bail in the case before the special court.
It had ruled that Malik was arrested under the law and later remanded to the custody of the investigating agency and then to judicial custody after due process.
So, the high court has no reason to issue an interim order directing Malik's release from custody, it said.
The ED arrested Nawab Malik in connection with a property deal allegedly linked to gangster Dawood Ibrahim's aides.
The central agency has accused Malik of being a part of an alleged criminal conspiracy to depose a property in Mumbai's Kurla area that is currently valued at 300 crores and rightfully belongs to one Munira Plumber.
Nawab Malik argued before the high court that he purchased the property in a legitimate transaction three decades ago, and Plumber has now changed her mind about the transaction.
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