A Bench of Justices Prasanna B Varale and Shriram M Modak of the Bombay High Court had on March 15, rejected the interim prayers sought by Malik by way of a Habeas Corpus plea during the pendency of the petition.
“As certain debatable issues are raised, these issues are to be heard at length. Considering the grounds assigned, we are not inclined to grants reliefs in interim applications,” the High Court had ruled.
In his plea filed before the Bombay High Court through Rashmikant & Partners, Malik had assailed the Enforcement Case Information Report (ECIR), his arrest and his remand, terming them illegal. He stated that such illegal acts rendered his continued detention illegal and without jurisdiction, entitling him to a writ of habeas corpus and immediate release.
He sought setting aside of the order of the special PMLA judge dated February 23 by which he was remanded to ED custody for 8 days.
The ED had opposed the plea with a preliminary reply, claiming that Malik sought to combine multiple causes of action in his plea, which was not maintainable. The agency sought dismissal of the writ petition on the ground that filing of the same was a dilatory tactic to derail an ongoing investigation.
Source: Barandbench
