Thread by @barandbench

Special #PMLA Court to shortly commence hearing on the remand of Cabinet Minister #NawabMalik in the money laundering case involving underworld don #DawoodIbrahim being investigated by #enforcementdirectorate.

@nawabmalikncp @dir_ed @OfficeofNM

The Minister has been brought to court. The Court is waiting for the Additional Solicitor General Anil Singh to come.

#NawabMalik #EnforcementDirectorate #DawoodIbrahim

Adv Tareq Sayed takes leave of the court to take signatures on the petition filed in High Court.
Court allows.

Malik’s habeas corpus petition filed in his name could not have his signatures as he was in ED custody.

SPP Gonsalves tells the Court that ASG is on his legs in High Court.
Sr Adv Amit Desai: Have some respect for us, and the Court. The Court has been waiting since morning for a remand. You have so many lawyers with you.

#NawabMalik #enforcementdirectorate #DawoodIbrahim

Court: Atleast bring the remand.

Gonsalves: That is with IO, he is also on his way. Give me 10 mins to take instructions.

#NawabMalik #enforcementdirectorate #DawoodIbrahim

ASG has come. Remand hearing to begin.

Hearing begins after IO brings remand copy.

#enforcementdirectorate #nawabmalik

ASG: There are some miscommunication between us for timing. There was a remand. Kindly see para 3, application was moved on Feb 23 for request that advocate should remain present, that was allowed.

ASG: Accused complained of some medical issue. He was taken to hospital, JJ hospital for medical examination. He was asked to be admitted. On Feb 28 accused was discharged.

ASG: Statement could be recorded after that and during that period he could not record the statement.

ASG: We are seeking custody of 6 days.

#NawabMalik #enforcementdirectorate #DawoodIbrahim

ASG: remand is being sought to find out transactions of Goawala building.

The earlier remand may be taken as part@of@this.

ASG: there were various statements recorded. There were other persons involved. One person Sardar is in custody. I have all relevant statements.

ASG: the development is that we have recorded additional statements.
Kindly see that statement.

Court is reading the remand statement.

ASG: I have marked the relevant questions for the court to read.

ASG was referring to additional statements recorded of the property owner of a land near Goawala building claiming that Malik bad grabbed his land using the underworld clout.

#NawabMalik #enforcementdirectorate #DawoodIbrahim

ASG: Out if the 8 days 3-4 days went in medical custody. Obviously medical emergency cannot be ignored. I had stated several statements which had to be investigated, some of which remains. I have shown statement of Haseena Parker.

ASG: The property at Goawala, persons involved, nature of transaction coupled with the fact that not a single rupee was paid to the owner. Havign lost 3-4 to medical reasons, and I have additional material…

ASG: this is a case where remand ought to be extended.

#NawabMalik #enforcementdirectorate #DawoodIbrahim

ASG: In short, this needs to be examined and the most important ground is, we had satisfied your lord for remand, but that period was lost.. so additional time.

Desai: Formal application for certain technicalities. We had challenged earlier order in High Coirt. Order is that without prejudice to our contentions.. lordships comtinuing remand is going to be constitutionally impermissible and legally impermissible.

Desai is arguing for Malik.

Desai: It is important for the court to see. Liberty in these situation is only with the court. If not, then as an authority we are living in a dream.

#nawabmalik #enforcementdirectorate

Desai: they had come with an applicstion last time on terror funding. The ground was ₹55 lakhs was given in cash to Parker. They linked that with terror funding. It is submitted that the ₹55 lakhs was a typo error and it should be read as ₹5 lakh.

Desai: This remand and arrest apart from being constitutionally wrong..
When they say typo error, that should shock the conscience of the court.

Desai: When you are dealing with liberty, please do not rush to arrest people. Do what SC says, think twice.
If yiu do not have facts, gather facts. You are serving people, you are doing a national service..

Desai: This is what the Court must look into.
He had urological problem, he wa treated and discharged.
In many cases we have seen that the agency records evidence, but they did not do that here.

Desai: I don’t know when I heard the argument. They talk of keeping information confidential, and they want to keep a secret of the complaint. But today’s newspaper has that as headline.

Desai: We talk of confidentiality and tampering in court of law. Even before the remand reaches the court…

Desai: They say we cannot tell you who this person is because I can tamper with the evidence, but then.. the media has the information even before it comes to Court.

Desai: Every remand stage this question arises of validity of claim for remand.. and it is not just custodial interrogation as in older days.

Desai: Today in para 6, one such instance, and they have given details of Kurla.
How many days they asked for? 6 days… the second transaction is in newspaper and not in remand. Don’t they have a duty to court?

Desai: I am sorry, I belong to a different era. I have to change.
There is liberty involved, you have this debate, have. But yiu release him first, do not keep him in custody.

Desai: Everybody will come out from anywhere.. and say go and make a statement to ED. Anybody will come after 20 yesrs, there may be no crime, but they will come.

Desai: today this agency, finds these people from 1993, and underworld, who have extortion charges and they find the statements credible.

Desai: Please look at credibility of facts. As officer of the agency, check the credibility, it should not be kept for stage of appreciation of evidence.

Desai: The agency is supposed to check that False cases are segregated. Police has lots of FIRs registered, but then there are closure reports filed when they examine the evidence and find it does not need chargesheet. What is required is an homest investigation.

Desai: All these statements are suddenly credible, it is surprising that nobody is prosecuted for perjury.

Desai: So now all that an@agency has to do is record statements and prosecute. But that is not how law works or this system works.

Desai: Accused needs to be confronted and examined. If that has to be done then complete investigation. But then he is not going to run away. He is a sitting minister.

Desai: Confront, investigate, complete investigation and then arrest. But then do not file remand applications like regular police officers. Do your homework.

Desai: It is not a case for remand. All earlier arguments cemented by today’s remand.
8 days have gone by, there is still scope to correct what has happened.

ASG: learned friends arguments apart from media was repetition. We are not arguing a bail application. As far as 55 and 5 - nobody pointed to me, but I fairly came to court.

ASG: it is not that somebody pointed out and hence we came to court. It is not based on that fact that remand was granted.

Desai: But is my lesrned friend saying that terror funding is a mistake? It is not@terror funding.

ASG: the newspaper does not@record whether the ED officer made a statement to the press. I have not gone outside with any information. There are many press interviews..

ASG: We do not have control over press. But that does not mean that the agency has done it. But as a responsible agency, I can give an undertaking that we have never, we will never do this.

ASG: And why should we do it? How is it in our interest?

ASG: I am only saying grant me 6 more days that is all.

Court will pronounce order after lunch.

Judges presides.

Special #PMLA Court extends remand of Cabinet Minister #NawabMalik with #enforcementdirectorate till March 7, 2022.

Court: In view of the fact that the accused was in hospital and the investigation agency could not record statement, the remand is extended.

Court: Considering new facts submitted his ED custody is extended.

Court has already allowed applications for food, medicines and visit of advocates in visible and not audible distance.

[BREAKING] ED custody of Nawab Malik extended till March 7 by Mumbai court

report by @Neha_Jozie

#NawabMalik #EnforcementDirectorate @nawabmalikncp

Read more here: bityl.co/BA5X

The application under Section 167(2) of CrPC opposing the remand stands rejected in light of the writ petition in #BombayHighCourt.