The ED opposed Nawab Malik's plea, saying the arrest of Nawab Malik, the state's minority development minister, was legal and his "habeas corpus" petition was not admissible. The ED forcibly took him to his office and issued summons there, Malik claimed in the petition. On his plea, the ED filed an affidavit dismissing the allegations made by Malik. The ED said in an affidavit that Malik was arrested on February 23 at 3.30 pm. He came to the ED office on his own with his son. His answer was recorded and then arrested. A tweet from Malik's office said that Malik had been forcibly taken to the ED office. The action was not politically motivated, as Malik alleged. The ED is an independent body, the ED said in its affidavit.
Malik has also demanded cancellation of ECIR (ED registered crime) in Habeas Corps and release on bail. Therefore, the petition is not admissible. Also, the arrest of Malik is legal. He was arrested under Section 19 of the PMLA Act and was earlier remanded in ED custody by a special court. The PMLA applied retrospectively to transactions between 1995 and 2005. "Therefore, my fundamental rights have been violated," Malik said in the petition. However, the ED also denied the allegation. Financial malpractice is a persistent crime. Therefore, there is no question of retrospective application of the law. Malik has not challenged the validity of the provisions in the law, the ED said in an affidavit. The court has fixed Tuesday for hearing on Malik's plea.