The Bombay High Court on Friday, June 10, 2022 refused to release Nationalist Congress Party leader Nawab Malik, who is in jail in connection with various money laundering cases being probed by the Enforcement Directorate, with an escort to cast his vote for Rajya Sabha elections today.
A single bench of justice P.D. Naik was hearing an urgent petition filed by Mr. Malik to be permitted to vote and come back to jail.
The court asked how this petition was maintainable under Article 227 of the Indian Constitution (power of superintendence over all courts by the high court).
Senior advocate Amit Desai, appearing for Mr. Malik said, the question that arises before the court was the question of 62 (5), that states, 'No person shall vote at any election if he is confined in a prison', of the Representation of People (RP) Act. There was no question of 439 (special powers of high court or court of session regarding bail) of the Code of Criminal Procedure.
But the court said there was no other provision to release a person on surety without bail.
Additional Solicitor General Anil Singh, representing the Enforcement Directorate (ED), questioned the maintainability of the plea. "I am trying to balance my constitutional rights with my democratic rights. Because of the peculiar situation, this is about larger issue of democracy."
The court, however, refused to grant any relief and said Mr, Malik must move appropriate bench with appropriate prayers.
Later, advocate Taraq Sayed, appearing for Mr. Malik, mentioned the matter before a single bench of justice Bharati Dangre. But the court refused to hear the petition.
On June 9, the special prevention of money laundering act court had rejected the plea to release Mr. Malik on bail for a day to cast his vote.
Special judge RN Rokade had said, "In the case at hand, there is express provision under section 62(5) of the RP Act. In view of the provision, I am inclined to hold that the accused is not entitled to vote in Rajya Sabha elections... the accused cannot claim entitlement to get the facility to go at Vidhan Bhavan and vote."
Malik was arrested on February 24 after being questioned by ED for seven hours and has been lodged at Arthur Road Jail since March 7 .
