Apex Court Extends Interim Bail Of Nawab Malik On Medical Grounds Till Final Disposal Of Bail Plea Before High Court In Money Laundering Case

The Supreme Court, today, has extended the medical interim bail of the Former Maharashtra Minister Nawab Malik, accused in a money laundering case till the final disposal of the bail application pending before the Bombay High Court. 

The Bench of Justice Bela M Trivedi and Justice Satish Chandra Sharma ordered, "Order to continue till the final disposal of the bail application pending before the High Court."

Counsel for Malik submitted that his condition is still precarious as his left kidney has completely failed and the right kidney is functioning only at 60% capacity. 

Justice Trivedi asked ASG SV Raju, appearing on behalf of the Enforcement Directorate, "Should we grant the bail?"

ASG SV Raju replied, "His interim bail can be confirmed."

ASG SV Raju did not object to the relief granted to Malik. 

Previously, in August 2023, the Supreme Court had granted interim bail for two months to Malik on medical grounds. 

The ED arrested Malik in February 2022 in a case allegedly linked to the activities of fugitive gangster Dawood Ibrahim and his associates. The ED's case against Malik is based on an FIR filed by the National Investigation Agency (NIA) against Dawood Ibrahim, a designated global terrorist and a key accused in the 1993 Mumbai serial bomb blasts, and his associates under the Unlawful Activities (Prevention) Act. The ED in April 2022 had submitted an over-5,000-page charge sheet in a Court in Mumbai against Malik.

The Supreme Court had previously dismissed the SLP filed by  Malik against the Bombay High Court's order refusing interim relief in his habeas corpus petition before the High Court. The Bombay High Court had denied any interim relief to him and refused to pass an order for his release from judicial custody.

The Special Court, while remanding him in custody, prima facie observed that there were reasonable grounds to believe that allegations against Malik were "well-founded". 

A PIL was also filed against Malik at the time when controversy over the arrests of actor Shah Rukh Khan's son Aryan Khan and his friends in the Cruise Ship Drug case was at its peak and the minister had levelled personnel allegations against Wankhede, who is spearheading the probe. The allegations prompted Wankhede's wife and father to appear before the media to refute them. Dalit Positive Movement also filed a similar petition.

The Bombay High Court had directed Malik to file an affidavit in response to a defamation suit filed by Dhyandev Wankhede, the father of Narcotics Control Bureau's (NCB) Mumbai Zonal Director Sameer Wankhede. The plea had sought damages of Rs. 1.25 crore, apart from restraining the minister from making statements spoiling the image of the Wankhede family in the society. The Division Bench of Bombay High Court had also directed that he would not post any tweets or make any public statements against NCB's Zonal Director Sameer Wankhede, his father or any of their family members.

Cause Title: Mohammad Nawab Mohammad Islam Malik @ Nawab Malik v. The Directorate Of Enforcement (Crl. A. No. 2415/2023)