ED seeks dismissal of Nawab Malik's plea in money laundering case, says it seeks to derail probe
India Today
Refuting allegations of illegal detention, the Enforcement Directorate (ED) has sought that Maharashtra cabinet minister Nawab Malik's habeas corpus petition be dismissed.
Refuting allegations of illegal detention, the Enforcement Directorate (ED) has sought that Maharashtra cabinet minister Nawab Malik's habeas corpus petition be dismissed.
The agency in its reply said, "Dismiss this writ petition for, the present writ petition is not only not maintainable but a dilatory tactic by Malik filed to de-rail the investigation. Hence, the same needs to be dismissed in limine at the threshold itself."
The reply stated that Nawab Malik has sought to combine multiple purported causes of action in his plea seeking to challenge the investigating agency's arrest, remand and custody.
The 13-page reply filed by ED Assistant Director Niraj Kumar stated that Malik's petition seeks to combine three distinct purported causes of action -- habeas corpus, quashing, and release/ bail, which is a clear misjoinder of causes of action. The reply adds that habeas corpus is not maintainable as Malik's arrest is in accordance with the Prevention of Money Laundering Act (PMLA) and the subsequent remand of custody is valid.
Additional Solicitor General Anil Singh appeared with advocates Aditya Thakker and Pranav Thackur for the ED. The reply filed by the agency further stated that since the jurisdiction of the special PMLA court is not under challenge, it is deduced that the competent court has exercised its judicial power of remand.
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It further added that investigation is the prerogative of the agency and it would be the sole domain of the agency as to how to conduct the investigation and who and when to arrest.
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