Khushi Doshi
Published on: March 11, 2022 at 1:35 IST
On Thursday, the Enforcement Directorate argued before the Bombay High Court that the order remanding Maharashtra Cabinet Minister Nawab Malik to Enforcement Directorate Custody was not Mechanical or Illegal, and thus Malik’s Habeas Corpus Petition was not maintainable.
On behalf of the Enforcement Directorate, Additional Solicitor General Anil Singh opposed Malik’s petition challenging his arrest and remand in a money laundering case involving underworld don Dawood Ibrahim.
He stated right away that the Petition was not maintainable, citing grounds raised in the Enforcement Directorate’s reply.
On Thursday, the Enforcement Directorate concluded its arguments.
Aside from the maintainability argument, the Additional Solicitor General made the following submissions:
Only if the remand order is mechanical or completely illegal will Habeas corpus lie.
The order remanding Malik to Enforcement Directorate custody was issued after the special PMLA judge considered all submissions and material presented to him.
The Special Judge determined that the Money Laundering Offence had been proven and that the Arrest was valid.
Offenses under Sections 3 and 4 of the Prevention of Money Laundering Act were distinct from the offences listed in the Prevention of Money Laundering Act ‘s schedule.
In light of this, he contended that the twin conditions set out in Section 45 (II) of the Prevention of Money Laundering Act would apply.
According to the same, the Court must be satisfied that there are reasonable grounds to believe that the accused is not guilty of the offence or is unlikely to commit an offence while on Bail.
He claimed that his continued detention was illegal and without Jurisdiction, entitling him to a Writ of Habeas Corpus and immediate release.
He has also requested that the special Prevention of Money Laundering Act judge’s order of February 23rd, by Enforcement Directorate which he was remanded to custody for 8 days, be overturned.
Also read:
What are the different types of Writs?
What is Enforcement Directorate?