The Bombay High Court on Friday reserved its order on the bail petition by Nationalist Congress Party (NCP) leader Nawab Malik. Earlier, the Enforcement Directorate (ED) had opposed former Minister of Minority Affairs and Skill Development of Maharashtra’s petition, seeking bail on medical ground as he is suffering from chronic kidney disease. The ED said, “He can lead his live normally with one kidney. Many people have donated one kidney and are leading their lives with one kidney.”
A single Bench of Justice Anuja Prabhudessai was hearing the petition filed by Mr. Malik, who was arrested in a money laundering case, and is currently admitted to a private hospital for treatment.
Senior advocate Amit Desai, appearing for Mr. Malik, referred to his medical reports and informed the court that his disease has an impact on other organs and that he is genuinely suffering from something that was before his arrest and it has been accentuated due to the custody. Mr. Desai contended that law has always taken a humane approach and that is a facet of Article 21 (right to life) of the Constitution. Courts have been indulgent in granting medical bail or interim bail if the condition of the accused is serious and needs to be attended to in an environment which is stressful, the position and condition of patient.
ED’s counsel additional solicitor-general Anil Singh opposed the medical bail petition, saying that Mr. Malik’s left kidney is shrunk but his right kidney is alright. The reports relied upon are from two years before his arrest and this problem was there in the year 2020, even with such kidneys, he was leading a normal life. There are people who donate kidneys and live with one kidney. Mr. Singh added, it is not like his left kidney problem started post arrest and he is already in a hospital of his own choice. The court heard the arguments and reserved the order.
Mr. Malik is mired in an alleged money laundering case of 1999 where he is believed to have bought an ancestral property in suburban Mumbai from two sisters through underworld don Dawood Ibrahim’s sister Haseena Parkar (now dead) for ₹55 lakh whereas the property is claimed to be costing ₹3.3 crore. The offence allegedly committed by Mr. Malik is not giving the owners any consideration for the said property.
