The Bombay High Court has turned down Maharashtra minister Nawab Malik’s appeal for a temporary release from prison so that he could vote in the Rajya Sabha elections.
Nawab Malik, a Maharashtra minister, was denied a day’s freedom to vote in today’s Rajya Sabha elections by a special court in Mumbai yesterday.
Deshmukh is currently detained as part of an investigation by the Enforcement Directorate into multiple money laundering allegations (ED).
The ED had opposed to their petitions, stating that criminals do not have voting rights under the Representation of the People Act.
The HC stated that he does not want to set a harmful precedent when it comes to Nawab Malik’s bail.
On Friday, the Bombay High Court dismissed Maharashtra minister and NCP leader Nawab Malik’s bid for release from prison so that he may vote in the ongoing Rajya Sabha elections.
Malik had asked to be either released on bail or led to the Vidhan Bhavan to vote.
According to a single bench presided over by Justice P D Naik, even though Malik avoided using the word “bail,” the tenor of his plea was one of seeking bail, and as a result, he must file an appeal challenging the special court that granted him temporary relief on Thursday.
The high court noted that hearing Malik’s case would set a dangerous precedent, therefore it allowed the minister’s lawyer, Amit Desai, to change the case and seek proper justice.
Malik had requested an urgent hearing in the HC after a special court on Thursday denied his appeal to be released on interim bail for a day or to be allowed to vote with escort.
He then petitioned the Supreme Court, asking to be released on a bond or surety solely for the purpose of voting, or to be escorted by police.
Desai said on Friday that Malik had given up on acquiring a security or bail and was simply requesting escort to exercise his “constitutional right” and promote “democratic principles.”