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Bombay High Court: ‘Can Nawab Malik be considered as sick person under PMLA to be released on bail?’

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Mumbai: Can the Nationalist Congress Party (NCP) leader Nawab Malik be considered as a sick person as defined under the provisions of the Prevention of Money Laundering Act (PMLA) and hence entitled to be released on bail? Asked the Bombay High Court on tuesday. 

Justice MS Karnik posed the question to Malik’s lawyers while hearing the bail plea filed by the NCP leader on medical grounds. 

Malik was arrested by the Enforcement Directorate (ED) on February 23, 2022 in an alleged money laundering case involving fugitive gangster Dawood Ibrahim for usurping a land at a price much below the market rate. 


“If not satisfied on medical grounds then wait,” says court

Justice Karnik said: “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.” 

The judge asked Malik’s counsel Amit Desai and Additional Solicitor General (ASG) Anil Singh, appearing for the ED, to first argue on who can be termed as a “sick person” as per the provisions of the PMLA.

The law

Section 45 of the PMLA lays down ‘twin conditions’ to be eligible to be released on bail – 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. The court has to ascertain whether these conditions are met while deciding on a bail plea. However, these twin conditions would not apply if the accused is below 16 years or is a woman or is sick or infirm. Then s/he is entitled to 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,” said Justice Karnik. He further added: “If I am satisfied that the applicant in the present case (Malik) is a sick person then the twin conditions won’t apply. But if I am of the opinion that he is not a sick person or is being treated well while in judicial custody then his bail plea would be heard later on merits.” 


Bail plea for hearing on February 21

ASG Singh said he would point out to the court that Malik was not a “sick person” and hence the twin conditions would be applicable while deciding his bail plea. 

However, Desai cited the order passed by Justice Karnik while granting bail to NCP leader and former home minister Anil Deshmukh wherein the bail order was passed on “medical grounds and merits”. 

The HC has kept the bail plea for hearing on February 21. 

The HC had granted bail to Deshmukh on December 12, 2022 in the corruption case registered by the Central Bureau of Investigation. 

Malik approached the HC last November after the special PMLA court rejected his bail plea. The special court, in May 2022, rejected his bail plea observing that prima facie there was evidence against him. The court, however, permitted Malik to get admitted in a private hospital for treatment. At present, he is in judicial custody and currently undergoing treatment at a private hospital in Mumbai. 

Maharashtra

‘It Is My Constituency’: Uddhav Thackeray On Not Campaigning In Mahim

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Shiv Sena (UBT) chief Uddhav Thackeray said on Thursday that his party has approached the authorities, seeking permission to hold a rally at the Shivaji Park in Dadar on November 17.

Shivaji Park falls in Mahim assembly segment. Uddhav, therefore, said that there was no need to campaign for his party’s candidate in Mahim, a seat where his estranged cousin Raj Thackeray’s son, Amit, and the ruling Shiv Sena’s Sadanand Sarvankar are also contesting. “I don’t need to campaign in Mahim. It is my constituency,” Thackeray told reporters here.

“There was one rally in Mumbai (the MVA rally at BKC on November 6) and another on November 17.1am (campaigning) outside Mumbai because I have faith in Mumbaikars (that they will back his party),” Thackeray said.

“It is not the case that if I don’t go to any constituency I am ignoring it. Even if I address four-five rallies every day, I cannot complete all the constituencies. Looking at the travel time and the factors like the scorching sun, I don’t think holding more than four rallies in a day is possible,” Thackeray said.

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Maharashtra

Maharashtra Assembly Elections 2024: Some Political Parties Use Mumbai’s Illegal Immigrants For Vote-Bank Politics,TISS Study Reveals

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Mumbai: The number of illegal immigrants, mostly Muslims, from Bangladesh and Myanmar are on the rise in Mumbai and certain political parties are using them for vote-bank politics, a TISS interim report has alleged. The study by TISS’ pro-vice-chancellor Shankar Das and assistant professor Souvik Mondal also alleged that the illegal immigrants are influencing the socio-economy of the city by taking low-skilled jobs, which leads to wage suppression and resentment among locals. 

“Some political entities are alleged to use illegal immigrants for vote-bank politics, which can disrupt the democratic process. Claims of voter registration manipulation, where undocumented immigrants allegedly obtain fake voter IDs, raise concerns about electoral fairness and the integrity of India’s democratic system,” the study alleged. 

“Some politicians may support granting IDs or ration cards to migrants for votes,” it further alleged, adding, “Politics-driven migration increases polarisation and can impact electoral outcomes, diverting focus from essential development.” 

The study further alleged that “a high influx of Muslim immigrants has altered religious demographics, creating insecurity and communal tensions, especially among local Hindu communities” of Mumbai. It also accused the illegal immigrants of rising crime in the city. “Illegal immigrants are often associated with rising crime and security risks, intensifying public fears and leading to increased exclusion and targeting of migrant communities,” the study said. 

The study blamed informal NGOs and religious groups for assisting illegal migrants. “Informal NGOs and religious community groups, often operating in legal gray areas, provide critical services like healthcare, education, and banking to illegal migrants”, the study quoted “one of key informants” as saying. 

“Due to strict regulations, registered NGOs often avoid assisting illegal immigrants, leaving undocumented NGOs to fill the support gap without legal authority to challenge exploitation or advocate for migrant rights,” the study further said. 

It advocated for “effective policies” to address both humanitarian needs and security concerns to promote an inclusive and cohesive urban environment in Mumbai. 

The team of researchers studied around 3,000 immigrants, but the interim report was presented only with a sample size of 300. Some experts and faculty members of TISS questioned the timing of the report just before the Assembly elections in the state. 

“The timing of the report and the fact that a small sample size of 300 was chosen out of 3,000 respondents raises eyebrows. This indicates that the TISS is aligning with a particular political party to aid them during the elections,” a TISS professor told the Free Press Journal on condition of anonymity. 

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Maharashtra

‘Rahul Gandhi Using ‘Red Book’ To Seek Help From Urban Naxals’: Devendra Fadnavis Slams Congress MP After ‘Blank’ Copies Of Constitution Distributed At Event In Nagpur

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A massive row erupted after the BJP accused the Congress party of distributing blank copies of the Constitution at an event of Rahul Gandhi in Maharashtra’s Nagpur on Wednesday.

The Maharashtra BJP from its X handle posted a video of the book with black pages inside.

The saffron party, in the post, attacked the Congress and wrote, “The Congress party wants to erase the Constitution of India. All laws written by Dr Babasaheb Ambedkar are to be deleted. That is why Rahul Gandhi had predicted that reservation would be cancelled,” the Maharashtra BJP tweeted…Dr Babasaheb Ambedkar and his constitution is not an election issue but the foundation of the life of India and its citizens. People will teach a lesson to the anti-constitutional Congress.”

Devendra Fadnavis slams Rahul Gandhi

Slamming Rahul, Maharashtra Deputy Chief Minister Devendra Fadnavis in a statement to the media said, “Rahul Gandhi’s disloyalty for the Constitution of India was seen yesterday. The accusation I made turned out to be true. He doesn’t want to glorify the Constitution with the Red Book but he did this drama to warn and seek help from the urban naxals and anarchists who are with him. He is insulting the Constitution every day.  Congress insulted Dr B R Ambedkar, insulted the Constitution. Now no one will forget their tricks.”

Congress leader Rahul Gandhi raised the issue of saving the Consitution in the run-up to the Lok Sabha elections in 2024. The Opposition parties believe that it was the most fundamental issue for its performance in the elections which stopped the NDA way below the majority. 

Hitting back the Maharashtra Congress in a post on X said, “The NDA government of Maharashtra is known as ‘Khokhe Government’ all over the world. These are the people who bought the kiosks two and a half years ago and now they are leaving after deceiving the public. Earlier Narendra Modi used to come here and talk about the irrigation scam, then he started committing scams along with them. This government has committed so many scams in two and a half years that even the Guinness Book of Records would feel ashamed. This shows that the Mahayuti people had formed the government only for looting and the people of Maharashtra have had to bear the loss.”

Reacting to the charge, Congress chief spokesman Atul Londhe accused the BJP of spreading fake narrative. He asked why BJP is disturbed, if Rahul Gandhi carries a copy of the Constitution, reiterating the party’s resolve to save it.

Addressing the gathering yesterday, the Congress MP had said, ”What was being spoken by Bhagwan Buddha, Gandhiji, Ambedkarji, Ashok, Phule are all in the Constitution. This book is not just a modern version but the thoughts behind it are 1000 years old… This book (shows) is a way to live and a way to die.” He also blamed BJP and RSS for eroding values enshrined in the Constitution.

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