Background 

In the Matter of Nawab Malik v. Directorate of Enforcement, a request for temporary medical bail was made by former Maharashtra government minister and NCP politician Nawab Malik in a case involving money laundering. The Enforcement Directorate detained Nawab Malik on charges that he had bought property below market value. In May 2022, a Special Court under the Prevention of Money Laundering Act, 2002, took cognizance of the case. Subsequently, Nawab Malik sought regular bail based on the merits and medical justifications. It was said that Nawab Malik’s kidneys were failing, with the second kidney operating at only 60% of its potential. The fact that the claimed deterioration could not be supported by any medical evidence before the Court was noted by ED.

Analysis of Court Decision 

The appeal for medical release was denied by the Bombay High Court Single Judge bench of Justice Anuja Prabhudessai, who also said that the current case for normal bail will be decided on the merits in two weeks.