The Bombay High Court on Friday reserved its order on the bail petition by Nationalist Congress Party (NCP) leader Nawab Malik. Earlier, the Enforcement Directorate (ED) had opposed former Minister of Minority Affairs and Skill Development of Maharashtra’s petition, seeking bail on medical ground as he is suffering from chronic kidney disease. The ED said, “He can lead his live normally with one kidney. Many people have donated one kidney and are leading their lives with one kidney.”
A single Bench of Justice Anuja Prabhudessai was hearing the petition filed by Mr. Malik, who was arrested in a money laundering case, and is currently admitted to a private hospital for treatment.
Senior advocate Amit Desai, appearing for Mr. Malik, referred to his medical reports and informed the court that his disease has an impact on other organs and that he is genuinely suffering from something that was before his arrest and it has been accentuated due to the custody. Mr. Desai contended that law has always taken a humane approach and that is a facet of Article 21 (right to life) of the Constitution. Courts have been indulgent in granting medical bail or interim bail if the condition of the accused is serious and needs to be attended to in an environment which is stressful, the position and condition of patient.
