The Bombay High Court on Wednesday directed the Enforcement Directorate (ED) to reply to a plea by Maharashtra Cabinet Minister Nawab Malik, challenging his arrest by the ED. A Division Bench of Justices S. B. Shukre and G. A. Sanap was hearing a petition filed by the Nationalist Congress Party (NCP) leader seeking immediate release on the ground that he was targeted for being a “vocal critic of the misuse of central agencies”.
Senior advocate Amit Desai, appearing for the Minister of Minority Affairs and Skill Development, said, “Tomorrow is the remand date. If the judge continues his [Mr. Malik’s; ED] custody the prosecution will say that the petition is not maintainable since this is a habeas corpus petition.”
The court said, “If you say the first remand order is illegal, then the second remand does not make it legal.” The court adjourned the matter to be heard on March 7 and directed the ED to file its reply.
