Mumbai News Live Updates: HC asks Nawab Malik to move his plea challenging PMLA court order to appropriate bench – The Indian Express

The High Court bench of Justice Prakash D Naik asked Malik to move before an appropriate bench which hears bail applications.

In a major relief to the Maharashtra Vikas Aghadi alliance in the Rajya Sabha elections Friday, the All India Majlis e Ittehadul Muslimeen has decided to extend its support to the MVA candidates. Meanwhile, Leader of Opposition Devendra Fadnavis has tested positive for Covid-19, which means he will be able to vote in the polls.

Here are the latest updates from Mumbai:

1.35 pm: No respite for Malik today

NCP leader Nawab Malik’s lawyers tried to mention his plea before a single-judge Bench of Justice Bharati H Dangre.

“If the special court has refused the permission, then when is the question of sending him in escort, the order has to be set aside.” The court refused to grant an immediate hearing.

12.30 pm: The Navi Mumbai Police Commissionerate Traffic Department has launched a special operation against loud, modified silencers in Navi Mumbai area. The police displayed the confiscated and destroyed the silencers in front of Navi Mumbai Municipal Corporation Head Office on June 10.

The Navi #Mumbai traffic police has launched a special operation against loud, modified silencers in Navi Mumbai area. The police displayed the confiscated and destroyed the silencers in front of the Corporation Head Office.

📷: Narendra Vaskar

Updates: https://t.co/othjLrVQDd pic.twitter.com/TkJbTIAtdw

— Express Mumbai 😷 (@ie_mumbai) June 10, 2022

12.10 pm: Chief Minister Uddhav Thackeray arrived at Vidhan Bhawan to vote in Rajya Sabha polls.

11.40 am: Bombay HC refuses to entertain Nawab Malik’s plea on Rajya Sabha voting

Justice Prakash D Naik held, “From the tenor of the application before the special court and this Court, the primary prayer for releasing petitioner for casting vote on bond. The bond which can be referred to can only be a bail bond under CrPC. The petitioner is an undertrial and the subject matter is to be decided by the appropriate bench. He should have moved the application before the appropriate bench for appropriate relief.”

Justice Naik refused to entertain Malik’s plea and he has been asked to move before an appropriate bench which hears bail applications.

11.30 am: BJP ( MLA) Mukta Tilak from Kasbapeth assembly constituency in Pune, who is in ill health, was brought on a stretcher to Vidhan Bhawan to vote in Rajya Sabha polls.

11.25 am: Not a question of bail, reiterates Malik to HC

Senior advocate Amit Desai, appearing for Nawab Malik, reiterated that the question of bail is not pressed and only a relief pertaining to taking Malik with an escort to cast vote is urged. Responding to the allegation of delay in filing the plea, Desai said that on June 3, there was no withdrawal of additional candidates, which led to a contest and no unopposed elections.

“In the context of balancing, the applicant felt that if there is a contest, I’ll go and cast the vote and therefore the application was filed before the special court on June 6. There is no delay. But he is trying to be conscious in balancing my right to vote and the fact that I’m in custody. I accept that there could have been proper application but because of the peculiar situation and the larger issue about democracy and upholding democratic values, the litigant be allowed to go to cast vote.”

11.20 am: ASG refutes Malik’s plea, says ‘the prayer here is nothing but an application for bail’

Additional Solicitor Anil Singh challenges the maintainability of the writ petition. “The prayer here is nothing but an application for bail. When there is an alternate remedy available under section 439 of CrPC, there is no question of entertaining this writ petition,” he said.

He refers to section 62 (5) of the Representation of the People Act and says the prayer to cast vote cannot be granted. “It will be setting a wrong precedent if relief is granted in the writ petition without filing an application under section 439 of CrPC. You say it is your duty to cast vote then why did you wait till this late?”

11.10 am: Not asking for bail, clarifies Malik to HC

Senior advocate Amit Desai for Malik submited that Malik is not asking for bail but if the Court permits he will go with an escort for casting the vote and come back.

Additional Solicitor General Anil Singh for central agency opposed plea.

Justice Naik asked Desai, “Instead of spending time here, do you still think that he should move proper bail application?”

Senior advocate Amit Desai for Malik told the court: “In the justification that your lordship has, in the context of democratic values to allow someone to go out and cast vote, I’m urging you to take up this case since time is passing as the election gets over by 4 pm. It is not about lack of jurisdiction. Lordship has the power to pass order and consider the plea.”

11 am: HC hears Nawab Malik’s plea challenging PMLA court order

The Bombay High Court bench of Justice Prakash D Naik begins hearing in NCP leader and state minister Nawab Malik’s plea challenging the special Prevention of Money Laundering Act (PMLA) court order that rejected his plea seeking permission to visit Vidhan Sabha on Friday to vote in Rajya Sabha elections. Former Home Minister and NCP leader Anil Deshmukh too has approached the Bombay High Court challenging the order. However, his plea is not yet listed as it was not mentioned before the court on Thursday.

10.50 am: The BJP heaved a sigh of relief as Opposition Leader Devendra Fadnavis reported that his medical report said he is Covid negative and will hence be able to vote in the Rajya Sabha polls. Last week, the former CM tested positive for the infection and was in self-quarantine at his home. Meanwhile, all NCP leaders and MLAs, lead by deputy CM Ajit Pawar, along with seniors ministers Chhagan Bhujbal, Dilip Walse Patil and Jayant Patil have reached Vidhan Bhawan for voting in Rajya Sabha polls.

10.40 am: AIMIM to support MVA in Rajya Sabha polls

In a major relief to the Maharashtra Vikas Aghadi alliance in the Rajya Sabha elections today, the All India Majlis e Ittehadul Muslimeen has decided to extend its support to the MVA candidates. AIMIM MP Imtiaz Jaleel on Friday said that his part has decided to vote for the MVA to defeat BJP.

“Our political ideologies differ, however, we will continue with Shiv Sena, which is a partner in MVA,” Jaleel said. The AIMIM has two MLAs in the Maharashtra Assembly in the form of Malegaon MLA Mufti Ismail and Dhule MLA Faruq Shah.

10.30 am: Maharashtra Mangrove Cell appoints CSIR-NIO to identify sites for restoration of corals

In a bid to record and identify stressed coral zones along the Maharashtra coastline as well as the reasons that are stressing the ecosystems, the state Mangrove Cell on Thursday appointed the CSIR-National Institute of Oceanography (NIO) to conduct a baseline study to identify potential sites for restoration of corals.

10.20 am: Voting underway in Maharashtra; close fight between Shiv Sena and BJP for sixth seat 

Voting is underway for six Rajya Sabha seats in Maharashtra at the Vidhan Bhavan, the state legislature complex in Mumbai on Friday, with a close contest being played out between the state’s ruling Shiv Sena and the opposition BJP for the sixth seat.

The polling process, which began at 9 am, will go on till 4 pm and the results will be declared in the evening. There are a total of seven candidates in the fray for six seats. While the BJP has fielded Union minister Piyush Goyal, former state minister Anil Bonde and former MP Dhananjay Mahadik, the Shiv Sena has given the opportunity to MP Sanjay Raut and Sanjay Pawar. From the NCP, Praful Patel is in the election ring, while the Congress has fielded Imran Pratapgarhi. (PTI)

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