Supreme Court to hear today Maharashtra Minister Nawab Malik's petition challenging his arrest by the Enforcement Directorate in a PMLA case. Malik has been under custody since Feb 23.
Bombay High Court had refused interim relief in his habeas plea.
Sr Adv Kapil Sibal for Nawab Malik
Sibal: How do they arrest me 2022 when something happnes in 1999?
But im not on bail and complaint has been filed. HC says that there is prima facie case.
DYC J: You can apply for bail before the competent court. We'll not interfere right now at this case. Its too nascent for us to interfere at this stage.
Prima facie at least, give me a few minutes. No notice was given u/s 41A. There has to be a prima facie case against me and there is no predicate offence. How does PMLA apply?
Kant J: All these can be considered before the designated court. Yes
Sibal: Arnab Goswami judgement is in my favour.
DYC J: No Mr Sibal, we'll not entertain.
SG: There are no observations by the HC.
SC refuses to entertain Maharashtra minister Nawab Malik's plea for bail in a PMLA case. It asks Malik to approach trial court for bail.
We are not inclined to exercise jurisdiction under 136 when the investigation is at the nascent stage.
The observation of the HC on merits, it is clarified is confined to the question of whether interim relief was required to be granted and shall not come in the way of parties taking recourse to the rights available in law.