Mumbai, (PTI): Former Maharashtra minister Nawab Malik "is in continuous possession of tainted property" through a firm, owned by his family, a special court held while denying him bail last week in an alleged money laundering case linked to a land deal in which fugitive gangster Dawood Ibrahim and his aides were involved.

Prima facie, there was evidence to indicate that there was a "conspiracy" between Hasina Parkar (Ibrahim's sister), Salim Patel (alleged associate of Ibrahim) and Malik to grab the land owned by Munira Plumber and her mother Mariyum Goawala, said R N Rokade, special judge for cases under the Prevention of Money Laundering Act (PMLA).

The judge rejected Malik's bail plea on November 30. A detailed order was made available on Tuesday.

The Enforcement Directorate arrested Nationalist Congress Party (NCP) leader Malik in February this year.

He is in judicial custody and currently undergoing treatment at a private hospital here.

The court in its order said, "Having regard to the statements recorded under Section 50 of the PMLA pertaining to the conspiracy for ursurpation/acquisition of prime property Goawala Compound - and the material collected during the investigation, I am inclined to hold that the applicant is in continuous possession of the tainted property through Solidus Investments Private Limited."

Solidus Investments company is owned by the family members of Malik.

The judge said considering the role attributed to the applicant (Malik) and the prima facie material placed on record, he was of the considered view that the applicant failed to "satisfy twin conditions for enlargement on bail" as per provisions of the PMLA.

The court held that "prima facie, there is evidence to indicate that there was a conspiracy" between deceased Parkar, Salim Patel and Malik to grab the land owned by Munira Plumber and her mother Mariyum Goawala.

The court further said having regard to the entire gamut of the circumstances and transactions entered into by Salim Patel and the applicant, it was of the "considered view that the Enforcement Directorate is justified in invoking provisions of the PMLA."

Senior counsel Amit Desai, appearing for Malik, had argued that the 62-year-old politician was suffering from several ailments and sought bail considering his medical condition.

The court, however, said, "It is relevant to note that during the hearing of bail application, the ED has filed an application for the constitution of a Medical Board for the verification of health condition of the applicant. The said application is strongly resisted on behalf of the applicant."

"Had the applicant been seriously suffering from the aforesaid ailments, he should have given suo moto consent for his examination by the Medical Board," it said.

The judge said in the absence of detailed medical reports and non-examination of the applicant by Medical Board, he was not inclined to accept the submission of his advocate.

The Enforcement Directorate's case against Malik is based on an FIR filed by the National Investigation Agency (NIA) against Ibrahim, a designated global terrorist and a key accused in the 1993 Mumbai bomb blasts, and his aides under the Unlawful Activities (Prevention) Act (UAPA).

The ED had alleged that Hasina Parkar was one of the prominent members of the 'D company' (of Dawood Ibrahim) and involved in unauthorised acquisition of key assets for raising terror funds.

During the investigation, it was revealed that the applicant in connivance with 'D company' members Hasina Parkar, Salim Patel and Sardar Khan hatched a criminal conspiracy for usurping the prime property - Goawala Compound in Mumbai's Kurla area - belonging to Munira Plumber, it alleged.

As part of the planned conspiracy, the Power Of Attorney was executed by misguiding Plumber and supplementary POA was forged, the probe agency claimed.

Parkar, Sardar Khan and the applicant (Malik) have got a share in the above property as agreed in their meetings and the documents were executed on the strength of the forged Power of Attorney issued in favour of Salim Patel, it said.

Therefore, the property usurped by the applicant in connivance with Parkar and others is proceeds of crime under provisions of the PMLA, the ED claimed.

Malik, who was minority development minister in the previous Shiv Sena-NCP-Congress government, had claimed he was implicated in the case for political reasons.

The NCP leader, who was also the chief spokesperson of his party, was in news prior to his arrest as he had made several allegations against Sameer Wankhede, the then zonal director of the Narcotics Control Bureau, after actor Shah Rukh Khan's son Aryan was arrested by the NCB in an alleged drug bust. PTI AVI

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Gadag (Karnataka), Jul 27 (PTI): BJP leader and former Karnataka Chief Minister Basavarj Bommai on Sunday condemned Goa Chief Minister Pramod Sawant's statement on the Mahadayi river project, as he also questioned the Congress' moral right to speak on the issue.

He claimed that whatever progress has been made on the Mahadayi issue, it happened under the BJP government.

Addressing the Goa Assembly last week, Sawant claimed that the Centre would not approve the Mahadayi project.

He also said the Goa government would file a contempt petition in the Supreme Court against Karnataka for carrying out activities aimed at diverting Mahadayi river water.

Bommai said, "There is no need to politicise the Mahadayi project issue. We are all united as this is an issue concerning the state. I condemn the statement made by the Chief Minister of Goa. There is no need to play such a big political game over one state's interests. He must act in accordance with the law, and hence I condemn his remarks."

Speaking to reporters here, he questioned the moral standing of Congress leaders in Karnataka on the Mahadayi issue.

"Congress leader Sonia Gandhi herself during the Goa polls said that not a single drop of Mahadayi water would be given to Karnataka. What moral right does Congress have to speak on this issue?" he asked.

Dubbing the Goa CM's statement an "insult to the people of Karnataka", CM Siddaramaiah had earlier hit out at the BJP stating "Why has the Centre not officially communicated its concerns? Is this how federalism works under the BJP? Are we being punished for not surrendering to the BJP?"

Bommai accused the Congress party of building a barrier to prevent Mahadayi water from flowing into the Malaprabha river, thereby obstructing the interlinking canal work initiated during the BJP regime and this was the only "contribution" Congress made to the Mahadayi project.

"Whatever progress has been made on the Mahadayi issue, it happened under the BJP government. The Congress, which constituted the tribunal, did not even provide it an office for four years. It was the BJP government that gave it an office. Though the tribunal gave a verdict, it was not notified. The NDA government under Prime Minister Narendra Modi issued the notification," he said.

It was the central NDA government that prepared the DPR for the Mahadayi project and got it approved. "It was also the BJP government that secured environmental clearance. The only thing the Congress did was to block the interlinking canal works started during the BJP tenure by constructing a barrier to prevent Mahadayi water from reaching the Malaprabha river," he said.

Goa has been opposing Karnataka's Kalasa-Banduri project in the Mahadayi river basin.

The Kalasa-Banduri project by the Karnataka government proposes diverting Mahadayi river water into the Malaprabha river to enhance the drinking water supply in parts of Dharwad, Belagavi, Bagalkote, and Gadag districts.

The Mahadayi river flows through Karnataka and Goa before joining the Arabian Sea. Known as the Mandovi in Goa, it is one of the state's two major rivers.

The diversion of Mahadayi water has long been a point of contention between Karnataka and Goa, with the latter claiming "it would severely impact the state's flora and fauna."

Speaking about the urea shortage in the state, Bommai said the government could have averted the crisis.

"Rainfall began early this year, and fertilizer should have been supplied where needed. Buffer stock should have been maintained, the management has not been proper," he said.

Noting that the state government has now submitted to the Centre for additional urea fertilizer supply, he said, "We (BJP) too will speak with the Union Minister for Agriculture and Fertilizers to get more supply. But more importantly, the fertilizer that is already arriving must be distributed properly by the Agriculture Department and the concerned ministers."

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