HC says Nawab Malik’s health condition serious; agrees to hear bail plea on merits

The single judge bench of justice Makarand Karnik which was hearing the bail application of Malik was informed by senior advocates Amit Desai and Kushal Mor that Malik had been in custody for more than a year and suffered from a severe kidney problem

Mumbai: The Bombay high court (HC) on Friday accepted the claim of NCP leader Nawab Malik that he was in a serious medical condition and hence needed to be released on bail and posted the hearing of his bail application to the first week of March.

Malik was arrested by the Enforcement Directorate on allegations of buying a property at a rate which was lower than the prevalent market rate. He approached the HC after a special PMLA court rejected his bail application on November 30, 2022. (HT PHOTO)

In an earlier hearing, the court had sought to know whether Malik could be considered to be a ‘sick person’. The counsel relied on Malik’s medical condition on Friday after which the court agreed to hear the application.

The single judge bench of justice Makarand Karnik which was hearing the bail application of Malik was informed by senior advocates Amit Desai and Kushal Mor that Malik had been in custody for more than a year and suffered from a severe kidney problem.

The senior advocate while replying to a query by the bench on whether Malik could be considered a sick person submitted that he had lost one kidney and the other kidney was also weak.

The bench was told that as the process for getting permissions for tests used to take two-three weeks, the relevant section of the Prevention of Money Laundering Act which permitted exceptions for infirm and ailing detainees could be invoked for grant of bail even in cases of non-bailable offences.

Desai further submitted that Malik was admitted to a state-run hospital due to his medical condition which was burdening the exchequer. The senior counsel said that as Malik could afford private treatment, he should not be made to occupy the hospital bed which could be used for treating some other person.

After hearing the submissions, the bench accepted the claims of Malik having severe medical issues and agreed to hear the bail application on merits as well as on the exceptions permitted in PMLA Act. Justice Karnik further added that the only reason he had sought to know whether Malik could be considered a sick person was that the court had to be fully satisfied with the medical condition of the applicant and whether it was necessary to grant bail on those premises.

The hearing of the application is expected to commence on a regular basis from next week.

Malik was arrested by the Enforcement Directorate on allegations of buying a property at a rate which was lower than the prevalent market rate. He approached the HC after a special PMLA court rejected his bail application on November 30, 2022.