The mere execution of a document does not render the tainted property untainted, the ASG said in his motion to reject Malik's bail request.
Former Maharashtra minister Nawab Malik, who was arrested in a money laundering case, was dealing with fugitive underworld don Dawood Ibrahim's sister Hasina Parkar, and there was no question about his innocence, the Enforcement Directorate (ED) told a special court on Wednesday.
While presenting arguments on Malik's bail request and demanding its rejection, Additional Solicitor General (ASG) Anil Singh, arguing for the ED, made this submission.
The ED detained the 63-year-old Nationalist Congress Party (NCP) leader on February 23 under provisions of the Prevention of Money Laundering Act (PMLA) in connection with an investigation into Ibrahim and his aides' activities.
The ED's case was based on a FIR filed recently by the National Investigation Agency (NIA) under the Unlawful Activities Prevention Act (UAPA), an anti-terror act, against Ibrahim, a designated global terrorist and key 1993 Mumbai serial bomb blasts accused, and his aides.
Malik has sought bail on the basis that there was no predicate (or scheduled) offence against him to prosecute him for money laundering. The crime that gives birth to the proceeds of crime, which are later laundered, is defined as a predicate offence under the PMLA.
Responding to the claim, the ASG submitted in the special PMLA court that the case registered by the NIA against Ibrahim and his close associates was considered as a predicate offence.
According to the anti-money laundering bureau, Malik usurped a property in suburban Kurla's Goawala compound in active collusion with members of the D-gang (Dawood Ibrahim gang), including Parkar.
The ASG further submitted that as per the NIA case, Ibrahim is a terrorist and all his criminal activities were being handled by his sister Parkar after he left India. “In the case against Malik, Parkar was involved. The business of Parkar was to settle property disputes and make money out of them. She entered Goawala Compound to settle matters and her own son has said in his statement that she owned the property (that was later acquired by the former minister),” Singh said.
Sardar Khan, an eyewitness in the case, has mentioned in his statement about Malik meeting Parkar and giving money to her, Singh argued to back his claim of the NCP leader having links with the sister of Ibrahim.
"Malik was negotiating with Parkar, therefore there was no doubt about his innocence. He was well aware that this was a tainted property. They still met with her and discussed property worth crores in lakhs in order to cover up and complete certain paperwork," he added.
The mere execution of a document does not render the tainted property untainted, the ASG said in his motion to reject Malik's bail request.
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