The order was passed by Special Judge RN Rokade in view of the fact that 3 to 4 days during the earlier remand period were not available to investigating agency to question Malik since he had to be taken to hospital.
“In view of the fact that the accused was in hospital and the investigation agency could not record statement, the remand is extended,” the Court said.
Additional Solicitor General (ASG) Anil Singh appearing on behalf of ED had submitted that out of the 8-day custody of Malik which was granted to ED, 3 to 4 days were lost because Malik had to be taken to hospital.
“Accused complained of some medical issue. He was taken to hospital, JJ hospital for medical examination. He was asked to be admitted….Out if the 8 days 3-4 days went in medical custody. Obviously medical emergency cannot be ignored,” he said.
Singh contended that more statements have come on record and further interrogation of Malik would be required.
In this regard, Singh highlighted that remand was being sought to find out more about transactions related to Goawala building at Mumbai’s Kurla.
The ASG referred to additional statements recorded of the property owner of a land near Goawala building claiming that Malik bad grabbed his land using the underworld clout.
“The property at Goawala, persons involved, nature of transaction coupled with the fact that not a single rupee was paid to the owner. Having lost 3-4 to medical reasons, and I have additional material…this is a case where remand ought to be extended,” Singh submitted.
At the end of his arguements, Singh added that even if ₹1 is given to someone involved in terror, it will be considered as terror funding.
Senior Advocate Amit Desai, representing Malik, said that the court continuing remand would be unconstitutional since Malik’s arrest was illegal and in violation of legal procedure.
In this regard, Desai pointed out that a Habeas Corpus plea has been filed before the High Court which has agreed to examine the same even if the trial court remands Malik.
“Your lordships continuing remand is going to be constitutionally impermissible and legally impermissible,” Desai said.
Desai also questioned the merits of the evidence and statements of persons used to implicate Malik.
“Today this agency, finds these people from 1993, and underworld, who have extortion charges and they find their statements credible…Everybody will come out from anywhere.. and say go and make a statement to ED. Anybody will come after 20 yesrs, there may be no crime, but they will come.”
As an investigating agency, the ED has to look into credibility of the statements.
“Please look at credibility of facts. As officer of the agency, check the credibility, it should not be kept for stage of appreciation of evidence. So now all that an agency has to do is record statements and prosecute. But that is not how law works or this system works,” Desai said.
Desai said that while the accused needs to be confronted, he need not be arrested and remanded since he is a sitting minister and not a flight risk.
“Confront, investigate, complete investigation and then arrest. But then do not file remand applications like regular police officers. Do your homework,” Desai contended.
Source: Barandbench
