ED wants to create a perception against a people's representative: Nawab Malik's lawyer

24 February,2022 07:34 AM IST |  Mumbai  |  Faizan Khan

Central agency says it has found ‘active involvement of Malik in terror funding’; minister accused of buying property from a D-gang member

CRPF commandos with Nawab Malik outside the ED office on Wednesday night. Pic/Bipin Kokate


The Enforcement Directorate on Wednesday arrested state minister Nawab Malik in connection with a money laundering case tied to the D-company. This is the same matter on which former CM Devendra Fadnavis had addressed the media a few months ago.

Fadnavis had alleged that Malik had bought a property from a D-gang member, who is a convict in the 1993 Mumbai blasts case. Malik has been remanded in ED's custody till March 3.

Seeking his custody, ED said they have found active involvement of Malik in terror funding. "He is required to be confronted with the other persons whose statements have been recorded so far during the investigation under PMLA. He is also required to trace the end-use of the huge amounts of monies which appear to have been laundered in this case," said ED in court.

Nawab Malik outside the ED office at Ballard Estate on Wednesday. Pic/Suresh Karkera

As per the ED, the property deal took place between 1999 and 2005. It said Malik usurped the property, with a current market value of Rs 300 crore, through M/s Solidus Investments Pvt. Ltd., a company owned by the family Malik's members and controlled by the minister himself. This was done in active connivance of the D-Gang, said ED. The 3-acre property is located at Goawala Compound, LBS Marg, near Phoenix Market in Kurla. As per ED, Plumber said M/s. Solidus Industries was a genuine tenant but she was unaware that its ownership had changed hands and was in control of Malik's family. She said she had never met Malik. Plumber said one Salim Patel, who identified himself as a social worker, approached her and promised to clear all encroachments from her property. Plumber then gave a power of attorney to Salim Patel. Later, she found that Sardar Shawali Khan and Salim Patel, who was the driver of Dawood Ibrahim's sister Haseena Parker, sold the property to Malik. Plumber said she has not received any money from Salim Patel as mentioned in the sale deed of 2005.

According to ED, Plumber recently learnt about Malik's alleged involvement through media reports. She didn't approach the police as she also learnt that Salim Patel, who is now dead, was linked to the D-company.

The agency said it has also found the important role of 1993 blasts convict Sardar Shahwali Khan, currently serving life imprisonment in Aurangabad Jail. In his statement before ED in judicial custody, Sardar Khan disclosed that he was in touch with Haseena Parker and Tiger Memon through one Javed Chikna, a conduit of Tiger Memon.

ED said Haseena transferred her interest in the property, held through Salim Patel, to Malik, who paid R55 lakh in cash. "For Usurping this property members of D-Gang and Nawab Malik connived together and executed several legal documents to put a façade of genuinity over this criminal act. During the investigation, documents have been collected by the Directorate and the details of the same and the effect of thesame are as under." ASG Anil Singh who appeared for the agency told the court.

Singh said, "Salim Patel was nothing but a successful attempt for financially strengthening the terror network of Dawood Ibrahim in India. By paying consideration for the illegally occupied share of Hassena Parkar, Nawab Malik aided the D-company financially. The association of Nawab Malik with the above mentioned D-company members is clear from the statements of witnesses and the documents obtained by ED in search and from authorities."

Senior Advocate Amit Desai, who appeared for Malik, tried to show how the agency is misusing its power by arresting the minister without even issuing summons. He said that Malik was taken to the ED office early in the morning and later arrested. Desai also raised questions over ED arrest memo where they have said that Malik is guilty of money laundering. "I don't want to be disrespectful to the ED office but there has to be some restraint in the language that has been used here. These courts take years to come to a conclusion but they have already said that he is guilty than why we need courts. Let them do everything." Desai also argued that this a matter of property deal where one person has sold the property and one has purchased. The complainant has just got up after 20 years that her property has been illegally occupied and ED has arrested him within a few days of registration of FIR by the NIA in which Malik is not an accused.

On terror funding charge, Desai said that Malik is a people's representative for many years. Such languages should not be used in remand application, he said. They just want to take away his liberty by arresting him. The perception they want to create is that the sitting member of the legislature is involved in unlawful activities and they are confusing the court with lengthy and a complicated remand application to seek custody, he said.

"People will not vote for a terrorist. You get the evidence and get the material and convict him but don't just make the statement. You came in the morning arrested him and now you say terror funding?" said Desai.

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