While Nawab Malik’s lawyer argued that he suffered from chronic kidney disease and had only one functional kidney, the ED said Malik’s health was not as critical as it is being portrayed.
The Bombay High Court on Friday reserved its verdict in a bail application by NCP leader Nawab Malik, arrested by the Enforcement Directorate (ED) in a money-laundering case.
A single-judge bench of Justice Anuja Prabhudessai on Friday concluded the hearing on the matter.
The ED, while seeking dismissal of Malik’s bail plea on the ground that he was suffering from chronic kidney ailment, argued that there were many people who are living normal lives with just one functional kidney.
The central agency also said that there were instances in which the courts had permitted bail on health grounds where the applicant could not afford treatment in private hospitals. However, Malik has been receiving treatment in a private hospital soon after his arrest and he could bear the cost. Therefore, there was a need to grant him interim bail on medical grounds, the agency argued. The NCP leader has challenged the November 30, 2022 special court order that rejected his bail plea in money laundering case registered by ED. The high court is likely to pass an order next week.
Malik was arrested in February, last year by the ED in a money laundering case registered over the Goawala compound property in Kurla, allegedly linked to fugitive gangster Dawood Ibrahim. He has been admitted to a Criticare Hospital, Kurla, a private hospital since May, last year.
The special court had said he would remain in hospital until further orders.
Senior advocate Amit Desai, representing Malik, argued that the applicant’s health has been deteriorating since the last eight months and his kidney problem aggravated after his arrest.
Desai said at present Malik is on stage 2 to stage 3 of the chronic kidney disease and same is also affecting the other organs and sought sympathetic approach from the court as it involved Malik’s fundamental right of personal liberty under Article 21 of the Constitution.
Desai argued that while the disease cannot be reversed, Malik’s health condition can be stabilised by performing surgery. “This will ultimately be fatal if Malik continues to be in such a stressful situation,” he argued. However, Additional Solicitor General (ASG) Anil Singh, representing the ED, opposed the plea stating that the same was not maintainable and argued that Malik’s health was not as critical as it is being portrayed in the application.
ASG Singh argued that while Malik’s left kidney has an issue, the right kidney is functioning well. “Many times people donate a kidney and with one kidney they lead their lives. He will also lead a normal life,” the ED’s counsel argued. The agency also relied on a report submitted by the medical board constituted under the state-run JJ Hospital and submitted that as per report, Malik need not be hospitalised.
“The ground that Malik is under stress cannot be accepted as, nowadays, everyone is living under stress. Who doesn’t have stress,” Singh submitted, adding that proper medical treatment was being provided to Malik by the prison authorities.