Nawab Malik's plea for bail to cast RS vote rejected by HC

Mumbai: The Bombay High Court on Friday rejected a plea by Maharashtra Minister and NCP leader Nawab Malik to be released from jail, so that he will be able register his vote in the Rajya Sabha elections that is happening on Friday. Malik had petitioned to either be released from custody on bond or allowed to vote at the Vidhan Bhavan accompanied by police.

The single bench, headed by Justice P D Naik on Thursday, said that although Malik had omitted the word 'bail', the principle of the bail application was to seek bail and therefore should appeal to the special court which had denied him interim bail.

The apex court said it did not want to create a false precedent by considering Malik's plea and Amit Desai, the minister's counsel was allowed to amend the petition and seek appropriate relief.

He put forward a plea before the High Court seeking urgent hearing after his petition on Thursday either to be released on a one-day temporary bail or to be allowed to go for the vote with an escort was rejected by a special court.

Desai said on Friday that Malik was abandoning even his prayers for bail or bond and was just requesting to exercise his "constitutional right" and uphold "democratic principles". Additional Solicitor General Anil Singh for the Enforcement Directorate (ED) opposed Malik's request, saying it could not be sustained.

Justice Naik said, ''From the tenor of the petition, the minister is here is for releasing him from prison. A bond can only be a bail bond under section 439 of the CrPC.'' ''He should have moved an application before an appropriate court,'' HC said.

Voting began at 9 am for the six Rajya Sabha seats in Maharashtra at the state legislature complex. This election is extremely important for the Shiv Sena-led Maha Vikas Aghadi (MVA), of which the NCP is a part, in order to ensure that Sena's second candidate Sanjay Pawar will be elected.

Source - PTI