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Bombay High Court rejects Malik permission to vote in RS elections

A special court rejected Malik's plea on Thursday

nawab malik janak (File) Nawab Malik | Janak Bhatt

The Bombay High Court on Friday rejected the petition of Maharashtra minister and NCP leader Nawab Malik seeking release from prison to enable him to cast his vote in the ongoing Rajya Sabha elections.

Malik had sought that he be either released from custody on a bond or be permitted to go with a police escort to the Vidhan Bhavan for voting. A special court hearing PMLA cases on Thursday rejected Malik's plea.

On Friday, Amit Desai, counsel of the minister, said Malik was giving up his prayer for even the surety or bond and just pressing for escort to exercise his 'constitutional right' and uphold 'democratic principles.'

Additional Solicitor General Anil Singh, who appeared for the Enforcement Directorate (ED), opposed Malik's plea, saying it was not maintainable.

A single bench presided over by Justice P.D. Naik said that although Malik had avoided the use of the word 'bail', the tenor of his plea was that of seeking bail and therefore, he must file an appeal challenging the special court that denied him temporary bail on Thursday.

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."

Voting for six Rajya Sabha seats in Maharashtra began at 9am at the state legislature complex. In this election, every vote is crucial for the Shiv Sena-led Maha Vikas Aghadi (MVA) to get the Sena's second candidate, Sanjay Pawar, elected.

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