Gaurik Malik

Profile description

An NRI who finds a proclamation order declaring them a proclaimed offender discovers that their passport is seized, assets are frozen, and any return to India could result in immediate arrest. Gaurik Malik focuses on reversing these severe constraints. With regular practice before the Punjab and Haryana High Court and the Supreme Court of India, this lawyer blends bail advocacy, proclamation quashing, and special leave petition expertise to protect the rights and freedom of overseas Indians facing criminal allegations.

Gaurik Malik regularly assists clients who are detained or whose liberty is threatened pending trial. The lawyer files bail applications under Section 439 of the Criminal Procedure Code, presenting strong arguments about the client’s overseas residence, lack of flight risk, and the prejudice a prolonged detention would cause to professional and family obligations. By securing a surety and demonstrating cooperation with investigative agencies, the lawyer often obtains interim bail from the Punjab and Haryana High Court within days. When the High Court declines, the lawyer swiftly moves the bail petition to the Supreme Court of India, leveraging prior judgments that favour NRIs with established ties abroad.

In cases where a proclamation order has already been issued, Gaurik Malik can file a petition for quashing under Section 438 of the Criminal Procedure Code. The lawyer scrutinises the notice for procedural defects, such as lack of personal service, inadequate evidential basis, or failure to comply with the requirements of Section 71(3) when the accused resides outside India. By presenting affidavits, foreign domicile proof, and statements from local authorities, the lawyer argues that the proclamation is unlawful and should be set aside. Successful quash orders from the Punjab and Haryana High Court restore the client’s ability to travel, safeguard property, and prevent the stigma of being labelled a proclaimed offender.

When lower courts deny relief, Gaurik Malik prepares Special Leave Petitions (SLP) for the Supreme Court of India. The lawyer frames the constitutional questions, highlights violations of Article 21 and the right to liberty, and cites precedents where the Supreme Court intervened to protect NRIs from arbitrary detention. The lawyer drafts meticulous appeals, attaches comprehensive records, and presents oral arguments that focus on the balance between state authority and individual freedom. This high‑level advocacy has resulted in several Supreme Court judgments that overturn adverse orders and set new standards for handling NRI criminal matters.

The lawyer’s approach ties bail, proclamation quashing, and SLP work into a single coordinated plan. Gaurik Malik ensures that the bail application is filed first to secure immediate release, while simultaneously challenging the proclamation order. All documents are prepared for a potential Supreme Court SLP, avoiding the need for separate filings later. This seamless strategy reduces delays, prevents conflicting orders, and presents a unified front before both the High Court and the Supreme Court.

Clients consistently commend the lawyer’s clarity and responsiveness. Gaurik Malik provides regular case briefs, explains each hearing’s significance, and advises on passport renewal during the process. The lawyer’s promise includes aggressive filing, diligent representation, and relentless follow‑up until bail is granted, the proclamation is nullified, and any adverse appellate decision is overturned. With a proven track record of numerous successful bail grants, proclamation quash orders, and Supreme Court SLP victories, the lawyer offers NRIs a reliable ally in navigating India’s criminal justice system.

Criminal Law Practice Areas