Nawab Malik not 'innocent', was dealing with Dawood Ibrahim's sister Hasina Parkar: ED tells court

Former Maharashtra minister and NCP leader Nawab Malik is currently in jail under judicial custody. He was arrested on February 23 by ED in connection with a probe linked to activities of Dawood and his aides.

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Mumbai: Former Maharashtra minister Nawab Malik, arrested in a money laundering case, was dealing with fugitive underworld don Dawood Ibrahim's sister Hasina Parkar and there was no question of him being innocent, the Enforcement Directorate (ED) told a special court here on Wednesday. Additional Solicitor General (ASG) Anil Singh, appearing for the ED, made this submission while presenting arguments on Malik's bail plea and seeking its rejection.

The 63-year-old Nationalist Congress Party (NCP) leader, currently in jail under judicial custody, was arrested on February 23 under provisions of the Prevention of Money Laundering Act (PMLA) by the ED in connection with a probe linked to the activities of Ibrahim and his aides. 

The ED's case was based on an FIR (first information report) filed recently by the National Investigation Agency (NIA) against Ibrahim, a designated global terrorist and key 1993 Mumbai serial bomb blasts accused, and his aides under the Unlawful Activities (Prevention) Act (UAPA), an anti-terror act. 

Among other grounds, Malik has sought bail pleading there was no predicate (or scheduled) offence against him to prosecute him for money laundering. A predicate offence under the PMLA is the crime that gives rise to the "proceeds of crime", which are then laundered. 

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 a predicate offence.

The anti-money laundering agency has claimed Malik had usurped a property at Goawala Compound in suburban Kurla in active connivance 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 dealing with Parkar so there was no question of him being innocent. He knew this was tainted property. They still had a meeting with her and reflected on property worth crores in lakhs, to cover up, and execute certain documents," he said. 

Merely because some document was executed it does not make the tainted property untainted, the ASG argued while praying for rejection of Malik's bail plea.