Bombay High Court: the Enforcement Directorate (ED) firmly opposed the bail plea filed by Nawab Malik, former Maharashtra cabinet minister and Nationalist Congress Party (NCP) leader. The ED stated that stress cannot be considered a valid ground for granting bail on medical grounds.
During the proceedings, Additional Solicitor General (ASG) Anil Singh, representing the ED, emphasized that stress is a common aspect of everyone’s life and cannot be used as a justification for seeking bail. Refuting Malik’s argument that he has the right to live in a stress-free environment due to his medical condition, the ASG remarked, “This general contention that there is stress, so grant me bail, that cannot be a ground. Everyone has stress. Who is living without stress in their lives?”
The arguments were presented before Justice Anuja Prabhudessai, who heard Malik’s plea primarily on medical grounds. The court reserved the verdict on this limited aspect and stated that it will be pronounced in the following week.
Malik had approached the court seeking bail based on both merits and medical grounds. The ED had arrested him on allegations of purchasing a property at a rate below the market value. After the chargesheet was acknowledged by a special court under the Prevention of Money Laundering Act (PMLA) in May 2022, Malik filed a regular bail application.
Following the rejection of his bail plea by a Mumbai special court on November 30, 2022, Malik approached the High Court. In his plea, filed through Rashmikant & Partners, Malik contended that the Special Court had overlooked the observations made by the High Court while granting bail to former Maharashtra Home Minister, Anil Deshmukh.
During the hearing, Senior Advocate Amit Desai, appearing for Malik, emphasized the deteriorating health of the former minister in an attempt to persuade the court to grant bail on medical grounds. Desai argued that Malik suffers from various kidney ailments, and his right kidney’s condition is worsening. Desai submitted, “Medical management is not adequate, and the consequences are serious and can lead to mortality. His medical condition is not a matter of dispute. He is genuinely suffering from something that was before his arrest and it has been accentuated due to the custody.”
Desai further asserted that in addition to medical treatment, Malik needs to live in a stress-free environment and be physically fit to face the trial. Therefore, he requested the court to grant bail so that Malik could consult with doctors.
However, the ED vehemently opposed the submission. ASG Singh argued that while medical treatment should be provided when a person seeks relief on medical grounds, bail should not be granted solely based on medical reasons. He stated that Malik is already receiving medical treatment from a private hospital of his choice.
“We will never oppose treatment, but we will oppose bail on medical grounds. Today he is not saying send me to some other hospital. He wants to stay in the hospital he is in, but he says give me bail. The only ground is a stress-free environment. This general contention that there is stress, so grant me bail, that cannot be a ground. Everyone has stress. Who is living without stress in their lives?” underlined the ASG.
The ASG also challenged Malik’s claim that he was living with one kidney functioning at 60 percent. Referring to reports from two years before Malik’s arrest, the ASG argued that there were preexisting kidney problems, but it did not indicate that his right kidney’s functioning had diminished to 60 percent. The ASG mentioned that the hospital’s doctors had not suggested any reduction