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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

‘Whoever Is The PM Then,’ Says Shiv Sena-UBT Chief Uddhav Thackeray In Witty Take On Balasaheb Thackeray Memorial Inauguration

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Mumbai: Shiv Sena (UBT) chief Uddhav Thackeray, on Friday, visited party founder Balasaheb Thackeray’s under-construction memorial, which will witness the completion of the second and final phase before January 23, 2026.

Asked who would inaugurate the memorial next year, Thackeray wryly said the ceremony will be helmed by “whoever is the Prime Minister then”. “Can anyone predict what will happen in politics tomorrow?” he asked, giving a political twist to his visit. “If there is an NDA government, their representatives might come. Whoever is in power at that time will attend. I was the Chief Minister during the foundation stone ceremony, but now I am not,” he said about the fickle state of Maharashtra politics and voters’ will.

Shiv Sena-UBT Chief Uddhav Thackeray On The Memorial

The memorial is being built at the previous Mayor’s Bungalow near Swatantryaveer Smarak in Dadar. Thackeray said, “Four Shiv Sena mayors have lived in this bungalow. Many important meetings of Balasaheb Thackeray were held here, including those of the Mahayuti alliance. This building is a heritage structure, and it was very challenging to carry out work without causing any damage to it. Preserving its grandeur was a very difficult task.”

As part of its second phase, artists will bring to life the party founder’s life story. “Often asked why he didn’t write an autobiography, Balasaheb said, ‘I am not a man of the closet; I am a man of the field.’ His life was like an open book. However, merely documenting his life is not what a memorial should be. I envisioned a memorial that reflects the values he upheld throughout his life; what he gave to Maharashtra, the nation, and the Hindus of this country. His memorial should continue to inspire and serve the same purpose for many years to come.”

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Maharashtra

Mira Bhayandar: AI-Powered Drones Deployed For Surveillance Along Uttan Coastline To Curb Illegal Fishing

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Mira Bhayandar: In a significant stem having a dual-objective including- keeping a tab on illegal fishing activities and enhancing marine security, the state fisheries department has launched artificial intelligence (AI) powered drones along the state’s coastline in seven districts including Uttan in Thane district.

Nine drones were simultaneously launched by minister for fisheries and ports- Nitesh Rane from the office of the fisheries department in Mumbai on Thursday. While two units each have been deployed for jetties in Revdanda, Shrivardhan (Raigad), Mirkarwada, Sakhari-Nate (Ratnagiri) and a unit each for- Shirgaon (Palghar), Gorai (Mumbai Suburban), Sasoon Dock (Mumbai city), Uttan (Thane) and Devgad (Sindhudurg).

The respective offices of the fisheries department will house the digital data maintenance mechanism (control room) of the high-tech surveillance system.

The drones will map fishing boats to identify and report the presence of illegally operating ones while monitoring up to 12 nautical miles and a 720-km stretch of the coastline, providing real-time data for effective surveillance.

“The drones which will be connected to the fisheries department office at Velankani (Uttan) will conduct aerial monitoring around the coastline, collect real-time data and share it with security agencies for action against illegal activities.” said Pawan Kale an official who is attached to the license wing of the fisheries department in Uttan.

Appreciating, minister Nitesh Rane’s move, local fishing community leader- Leo Collaso said, “This was a much-needed step as the traditional fishermen were on the verge of losing their only livelihood owing to various types of destructive methods and apparatus like-purse seine nets, submerged light-emitting diode (LED) lights and bull trawling by illegally operating fishing vessels and trawlers. The drones have ignited hope that such fishing activities which harm the marine ecosystem will be spotted and taken to task.”

“Although authorities keep guard in patrolling vessels, manual inspection is a herculean task due to which unauthorised boats escape easily. The drone-based surveillance system will now help in preventing illegal fishing while effectively implementing the state’s Marine Fishing Regulation (Amendment) Act, 2021.” said Renold Bechari.

The respective offices of the fisheries department will house the digital data maintenance mechanism (control room) of the high-tech surveillance system. The drones will map fishing boats to identify and report the presence of illegally operating ones while monitoring up to 12 nautical miles and a 720-km stretch of the coastline, providing real-time data for effective surveillance.

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Crime

Kurla BEST Bus Tragedy: Court Denies Bail To Driver Sanjay More

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Mumbai: A Mumbai court on Friday denied bail to the driver of the BEST bus involved in the December 10 accident in Kurla East, which resulted in the deaths of seven persons and injured more than 40.

An electric bus of the civic-run Brihanmumbai Electric Supply and Transport undertaking had hit several vehicles late night that day on the arterial SG Barve Road, following which driver Sanjay More was arrested under provisions of the Bharatiya Nyaya Sanhita.

More’s bail plea was rejected by Additional Sessions Judge VM Pathade, though a detailed order has not been made available as yet.

In his plea filed through advocate Samadhan Sulane, More had claimed the accident was the result of a mechanical fault in the bus and that he had been unjustly arrested.

The prosecution, however, contended no technical fault was found in the ill-fated bus.

After hearing arguments from both sides, judge Pathade rejected More’s bail plea.

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