Is Nawab Malik a sick person as per PMLA provisions and entitled to bail, asks Bombay High Court; posts hearing on February 21

A single Bench of Justice M. S. Karnik also said that his lawyers would have to first satisfy the court that Nawab Malik is unwell and hence has sought bail on medical grounds.

The Bombay High Court on February 14 asked if the Nationalist Congress Party (NCP) leader Nawab Malik is a "sick person" as defined under the provisions of the Prevention of Money Laundering Act (PMLA) and hence would be entitled to bail.

A single Bench of Justice M. S. Karnik while posting the former Maharashtra Minister's bail plea for hearing on February 21 also said that his lawyers would have to first satisfy the court that Mr. Malik is unwell and hence has sought bail on medical grounds. Mr. Malik was arrested on February 23, 2022, under provisions of the PMLA by the Enforcement Directorate (ED) in connection with a probe linked to the activities of fugitive gangster Dawood Ibrahim and his aides.

"If I am not satisfied on medical grounds then you [Malik] will have to wait for your turn (for the bail plea to be heard on merits). There are many other urgent matters on board. Tomorrow, I don't want anyone to say anything," Justice Karnik said.

     The Bench also asked Mr. Malik's counsel Amit Desai and Additional Solicitor General (ASG) Anil Singh, appearing for the ED, to argue on the point of who is a "sick person" as per the provisions of the anti-money laundering act.

Section 45 of the PMLA lays down 'twin conditions' — reasonable grounds to believe the accused is not prima facie guilty of the offence and the accused shall not commit any offence while on bail — for granting bail. These conditions are to be ascertained by the court.

The twin conditions would not apply if the accused is below 16 years or is a woman or is sick or infirm, and then he or she may be released on bail.

"I have some questions on this as many matters are now coming up where the person [accused] says grant me bail as I am sick. So, I want to know who is a sick person. I want you to argue on this 'sick person', who will be a sick person".