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‘Too nascent stage’, SC refuses to entertain Nawab Malik’s plea against arrest by ED

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The Supreme Court on Friday refused to entertain a plea by Maharashtra Minister and NCP leader Nawab Malik to release him in a case of money laundering.

A bench comprising Justices D.Y. Chandrachud and Surya Kant said: “We will not interfere. It is too nascent a stage to interfere…We can’t interfere with the due process at this stage.”

The bench asked senior advocate Kapil Sibal, representing Malik, to move the competent court with the bail application. “The special court can consider the bail application,” said the bench.

Sibal vehemently argued that there was no prima facie case and there was no predicate offence, no FIR on forgery, and added, “How does Prevention of Money Laundering Act be applied?”

Sibal said, “How do they arrest me in 2022 for something, which happened in 1993…where I am not in the picture at all?”

Sibal added that the special court is not going to grant his client bail with a 5000-page charge sheet filed in the matter. “The Arnab Goswami judgment is in my favour,” Sibal submitted

Refusing to entertain Malik’s plea, the bench said: “We are not inclined to exercise jurisdiction under Article 136 when the investigation is at the nascent stage.”

The bench clarified that the observation of the high court on merits should not come in the way of parties taking recourse to the rights available under the law.

Malik, moved the top court challenging the Bombay High Court, which declined his interim release in a habeas corpus petition. Malik has claimed that his arrest was completely illegal.

On March 15, the Bombay High Court rejected Malik’s interim application seeking immediate release in a case of money laundering registered against him by the Enforcement Directorate (ED). Malik was arrested on February 23 based on an FIR registered against terrorist Dawood Ibrahim and his aides.

The high court held that Malik was arrested by the ED, and subsequently remanded to custody following due process and there was no reason for it to pass any interim order for his release.

Denying relief to Malik, the high court had said that just because the special Prevention of Money Laundering Act (PMLA) court’s order remanding him in custody is not in his favour, it does not make it illegal or wrong.

Malik’s plea contended that his petition was strictly on the law, and the high court could not have given a prima facie finding regarding Section 3 of PMLA, without giving reasons.

The ED has alleged that Munira Plumber’s prime property in Kurla, worth Rs 300 crore as per the current market value, was usurped by Malik through Solidus Investments Pvt. Ltd, a company purportedly owned by his family members. The ED has claimed that this was done in connivance with Dawood’s sister Haseena Parkar, her bodyguard Salim Patel and 1993 bomb blasts convict Sardar Shah Wali Khan.

In his plea in the top court, Malik claimed his arrest was illegal and violated his fundamental rights, as well as statutory provisions, and he was entitled to writ of habeas corpus.

Crime

Haryana IPS suicide: Punjab Scheduled Caste panel seeks report from Chandigarh DGP

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Chandigarh, Oct 11: The Punjab State Scheduled Castes Commission on Saturday took suo moto notice in the suicide case of Haryana’s ADGP Y. Puran Kumar in Chandigarh and sought a report from the Chandigarh Director General of Police.

Commission Chairman Jasvir Singh Garhi said this matter has come to his notice through the media, on which he has taken action and he has instructed the Director General of Police of Chandigarh to submit a report regarding this matter and the action taken so far on the suicide note and the complaint given by his wife Amneet Kaur through an ADGP-level officer to the commission on October 13.

Also, the Scheduled Castes Commission Chairman will visit the victim’s family’s house on October 13.

Meanwhile, Jai Narayan, a spokesperson for the 31-member committee for justice for Puran Kumar, told the media here that they formed this 31-member committee on Friday to sustain the movement across all over Haryana with key members from various regions.

“The government has not conducted any meaningful investigation, and we demand that at the very least, those responsible be terminated; only then will the post-mortem be performed,” he said.

Meanwhile, protests were held in Rohtak, demanding arrest of the accused in the suicide case. Inspector General of Puran Kumar, who allegedly shot himself dead at his Chandigarh residence on October 7 with his service revolver, left behind a “final note”.

The victim’s spouse, Amneet P. Kumar, a Haryana cadre senior bureaucrat, in a letter to Chief Minister Nayab Singh Saini has sought justice for her husband.

The letter, marked urgent and confidential, two days ago expressed anguish over what she described as a “grave injustice” and “complete administrative inaction” even after more than 48 hours of her husband’s death.

In a nine-page “suicide note”, Puran Kumar reportedly accused nine serving IPS officers of the Haryana Police, a retired IPS officer and three retired IAS officers of “caste-based discrimination”.

The serving officers included DGP Shatrujeet Singh Kapur and Rohtak Superintendent of Police Narendra Bijarniya.

Meanwhile, the government has removed Bijarniya from his post and has been replaced by Surinder Singh Bhoria as the Superintendent of Police of Rohtak.

No posting has been given to Bijarniya as of now. Congress Parliamentary Party chairperson Sonia Gandhi wrote a letter to the wife of late Haryana IPS officer, saying the incident “reveals that even the highest-level officers can be denied social justice on account of discriminatory attitude”.

“The passing away of Mr Y Puran Kumar reveals that even the highest-level officers can be denied social justice on account of the discriminatory attitude and the preconceived notions of the powers that be. Crores of Indians stand with you in your fight for justice,” she wrote.

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Mumbai Press Exclusive News

Crores of rupees were defrauded in the name of government jobs, the accused was arrested from Delhi… The accused had received money from hundreds of unemployed people

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Mumbai: The Mumbai Economic Wing has claimed to have arrested the accused in a case of cheating in the name of getting government jobs in the central and state governments in several districts of Maharashtra. Santosh Ganpat, a businessman from Navi Mumbai, filed a complaint that the accused Nilesh Kanshi Ram Rathore had charged him Rs 5 lakh for a government job and Rs 5 to 15 lakh for medical tests and appointment letters. The EOW has registered a case against him because he has cheated him of Rs 2.88 crore by promising him a job and during the investigation it was revealed that he has cheated him of Rs 10 crore. The Economic Wing has formed a team to arrest the absconding accused and searched him in Akola and other areas. The accused cheated hundreds of youths for recruitment in RCF in 2022. His complaint was filed with the EOW. The EOW received information that the accused was trying to escape from Delhi, on which the police arrested him from Delhi. The accused has been booked in Mumbai EOW and Pune Deccan. A criminal case has been registered and further investigation is underway. This operation has been carried out under the leadership of EOW chief Nisht Mishra.

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Mumbai Press Exclusive News

ANC action, drugs worth crores seized, 6 arrested

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Mumbai: The Anti-Narcotics Cell has claimed to have arrested six drug smugglers, including a Nigerian, including a Nigerian, including MD and Natropum tablets worth Rs 7.01 crore, during operations at various locations in Mumbai. 523 grams of cocaine, worth Rs 5.23 crore, was seized from a Nigerian in Vakola, Mumbai. Five accused were arrested in raids conducted in Ghatkopar, Kurla CST, Mazgaon, tardeo, Borivali areas, from whose possession Mephedone MD worth Rs 54.65 lakh was seized. These are part of five inter-state drug gangs. Other drugs including Natropum tablets were also seized in this operation. This operation was carried out by DCP Nunath Dhule on the instructions of the Mumbai Police Commissioner.

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