A petition was filed in the Bombay High Court on Tuesday to cancel the interim bail granted to Nationalist Congress Party leader Nawab Malik on medical grounds.
The petitioner, Samson Pathare, presented himself as a concerned citizen and alleged that Malik has been misusing his bail by violating the conditions imposed by the court, including threatening witnesses in the ongoing case.
Malik, an NCP leader, was arrested in February 2022 by the Enforcement Directorate in connection with a money laundering case involving alleged links with underworld fugitive Dawood Ibrahim and his associates. In August 2023, the Supreme Court granted Malik interim medical bail for kidney treatment.
While awaiting a decision on his regular bail plea in the high court, Malik is actively contesting the upcoming Maharashtra Assembly election on November 20 from the Mankhurd Shivaji Nagar constituency.
Pathare’s petition requests the high court to cancel Malik’s interim bail, contending that Malik has violated his bail conditions. The plea argues that while Malik was released on grounds of severe kidney issues, he has neither undergone any surgery nor been hospitalized as anticipated by the court.
The petitioner argues that Malik is not in a critical condition that would justify his release on medical grounds, suggesting that Malik “misled the court and is exploiting the freedom granted to him.”
The plea further alleges that Malik is using his political campaign as an opportunity to influence the case’s witnesses, claiming he is “settling scores” and “threatening witnesses” to alter their testimonies before the special Prevention of Money Laundering Act (PMLA) court.
Additionally, the petitioner notes that Malik has been frequently outside the court’s jurisdiction, engaging in media interviews, which is also argued as a breach of his bail terms.
According to the plea, Malik’s actions not only delay the legal process but also display an “evasion of justice” that undermines the special court proceedings. Pathare claims that Malik has not provided timely updates on his medical condition to the ED, another requirement of his bail agreement.
The court initially granted Malik’s interim medical bail in August 2023, which has been extended periodically. However, the apex court specified that this bail would remain effective only until the high court makes a final determination on his regular bail application.
Pathare’s plea seeks an immediate reassessment of Malik’s bail status by the Bombay High Court to ensure adherence to legal protocols and prevent potential misuse of the interim bail.
