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.