Mumbai: The Bombay high court on Friday, June 10, rejected Maharashtra minister and Nationalist Congress Party leader Nawab Malik’s petition seeking release from jail here to enable him to cast his vote in the Rajya Sabha elections, polling for which is underway.
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 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.
“From the tenor of the application before special court and this Court, the primary prayer is for releasing petitioner for casting his vote on execution of a bond. The bond which can be referred to, can only be a bail bond under 439, 437 of the CrPC. The petitioner is an undertrial and subject matter is to be decided by the appropriate bench. He should have moved the application before the bench for relief,” Justice Naik said, according to LiveLaw.
The high court said it didn’t wish to set a wrong precedent by entertaining Malik’s plea, and permitted the minister’s counsel Amit Desai to amend the plea and seek appropriate relief.
Malik had mentioned his plea seeking urgent hearing in the HC after a special court rejected on Thursday his plea seeking that he either be released on temporary bail for a day or that he be permitted to go with an escort to cast his vote.
Also read: Court Refuses Temporary Bail to Nawab Malik, Anil Deshmukh to Vote in Rajya Sabha Polls
Special judge R.S. Rokade, according to LiveLaw, cited section 62(5) of the Representation of People’s Act to interpret that there was a bar on even undertrials from voting. Judge Rokade said voting was “not a fundamental right but a statutory right.”
Malik then moved the high court seeking he either be released on a bond or surety just for casting his vote, or he be accompanied by a police escort.
On Friday, Desai said that 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.”
According to LiveLaw’s report, Desai further said, “The problem is that the sessions court has interpreted the law in a particular manner which has a large consequence on voting as a constitutional right.”
Additional Solicitor General Anil Singh, who appeared for the Enforcement Directorate (ED), opposed Malik’s plea saying it was not maintainable and arguing that this was “purely an application for bail.”
Voting for six Rajya Sabha seats in Maharashtra began at 9 am at the state legislature complex.
Shiv Sena leaders Sanjay Raut and Sanjay Pawar are in the fray. The NCP, of which Malik is a leader, forms the governing alliance of Maharashtra with the Shiv Sena and Congress.
(With PTI inputs)
