Delhi HC grants bail to 3 PFI members, says ED ‘putting the cart before the horse’

The 3 accused — Parvez Ahmed, president of the Delhi authorities portion of PFI from 2018-2020, Abdul Muqeet, who was the bureau caput of the portion since 2017, and Mohd Ilyas, who was its wide caput since November, 2018 — were allegedly portion of a transgression conspiracy wherein the PFI’s bureau bearers brought successful suspicious funds from wrong the state arsenic good arsenic overseas abroad, which formed portion of the proceeds successful the crime. The 3 had actively participated successful the anti-CAA protests successful Delhi. The ED alleged that much than Rs 60 crore was deposited successful the PFI’s slope accounts since 2009 and Rs 32.03 crores was deposited successful cash.

The 3 were arrested by the ED connected September 22, 2022.

Justice Jasmeet Singh recorded successful the order, “On perusing the Complaint, determination is nary grounds to amusement that immoderate scheduled offence has been committed, it is stated that the petitioners participated successful the anti-CAA protests successful Delhi which culminated successful Delhi Riots. Learned counsels for the petitioners person rightly pointed retired that successful the contiguous lawsuit i.e. postulation of funds precedes the transgression i.e. Delhi Riots. The proceeds of transgression has to beryllium generated arsenic a effect of transgression enactment (scheduled offence). The postulation of funds successful an amerciable mode to perpetrate a scheduled offence successful aboriginal is not an offence of wealth laundering nether PMLA. The funds collected are not proceeds of transgression and tin beryllium proceeds of transgression lone erstwhile they were generated arsenic a effect of scheduled offence. The lawsuit acceptable up by the ED is putting the cart earlier the horse.”

Noting that successful the contiguous lawsuit the duplicate conditions nether conception 45 of PMLA was met and that “prima facie”, the tribunal was “of the presumption that the offence of wealth laundering was not made out”, the tribunal ordered for the three’s merchandise connected bail.

“Special statutes person stringent conditions for assistance of bail but they should not go means to detain the accused without determination being immoderate anticipation of concluding the trial, expeditiously. Merely charging an accused idiosyncratic nether the provisions of these peculiar statutes should not go a punishment successful itself which violates Article 21,” the tribunal further recorded portion emphasising that bail is the regularisation and jailhouse is the exception.