Nawab Malik in 'continuous possession of tainted property': Court while denying bail
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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Crowd management efforts ramped up at Maha Kumbh after stampede
Mahakumbh Nagar (PTI): A day after a stampede at the Maha Kumbh left 30 dead, the Uttar Pradesh government ramped up efforts to ensure crowd management and safety of devotees who continued to flock here in large numbers for the religious gathering.
The devotees braved the pre-dawn chill and dense fog to take a dip in the Sangam and at other ghats here on Thursday.
More than 55.11 lakh devotees had taken the holy dip till 8:00 am, according to the Uttar Pradesh government.
Superintendent of Police (Traffic) Anshuman Mishra told PTI that the area would remain a no-vehicle zone until the crowd disperses completely.
"Vehicle passes will not be valid until all devotees have safely left for their destinations. No outside vehicles would be allowed to enter the city until the crowd exits the Mela area," he said.
However, senior officials may grant permission for vehicle entry based on the situation, he said.
Mishra clarified that essential services such as police administration vehicles, ambulances and suction machines would be allowed entry as they are crucial for the smooth management of the Maha Kumbh.
Pilgrims, including women and children, were seen walking to and fro the various ghats amid reduced visibility. Many had thin blankets covering their bodies while some stopped by bonfires along the routes to keep themselves warm.
Uttar Pradesh Chief Secretary Manoj Kumar Singh and Director General of Police Prashant Kumar are scheduled to reach here later in the day for a detailed probe into the stampede.
The top officers would also conduct a thorough review of the arrangements in the Mela area, Chief Minister Adityanath said on Wednesday night.
"Every aspect related to security and public convenience must be carefully examined to ensure seamless arrangements for Basant Panchami (Feb 3 - Amrit Snan)," he said.
In a bid to further strengthen the arrangements, the Uttar Pradesh government will also be deploying two former senior officers on Mela duty -- Ashish Goyal, who served as divisional commissioner of Prayagraj for the 2019 Kumbh, and Bhanu Goswami, former vice chairman of the Agra Development Authority.
Additionally, five special secretary-level officers are being assigned to oversee operations. All of them will remain in Prayagraj till February 12 to assist in streamlining the arrangements, Adityanath said.
Besides 30 deaths, 60 people were injured in the pre-dawn stampede on Wednesday in the Sangam area of the Maha Kumbh as millions of pilgrims jostled for space to take a holy dip on the occasion of Mauni Amavasya, one of the most auspicious days of the Hindu calendar.
Maha Kumbh DIG Vaibhav Krishna said the incident took place due to crowd pressure. The crowd broke barricades and jumped to the other side, crushing those waiting there, he said.
On Wednesday, more than 7.64 crore devotees had a 'snan' at the Maha Kumbh, the highest in a single day so far. The footfall since the beginning of the mega event had crossed 27.58 crore by the end of Wednesday, according to the Uttar Pradesh government.
The Maha Kumbh kicked off on January 13 and will continue till February 26.
