Delhi Waqf case: Court grants bail to accused, says ED tying to keep him in detention without trial

The tribunal observed determination was not adjacent the “remotest possibility” for the proceedings to beryllium concluded successful the adjacent aboriginal for it had refused to instrumentality cognisance of the chargesheet connected relationship of deficiency of requisite sanction.

“The prosecuting bureau cannot shy distant from the work of contributing towards a speedy trial. Pre-trial detention undermines the regularisation of instrumentality and adversely affects the credibility of the authorities towards its committedness to protecting the basal quality rights of an individual,” it said.

The justice connected November 14 refused to instrumentality cognisance of the chargesheet and ordered the “immediate release” of Khan, saying his further incarceration successful the substance would beryllium “illegal” successful the wealth laundering lawsuit related to alleged irregularities successful the Delhi Waqf Board.

The justice connected Wednesday granted bail to Siddiqui, saying perusal of the lawsuit record revealed that a hold of astir 5 months could beryllium attributed to the ED.

The cardinal probe agency, the tribunal said, “stalled the proceedings for afloat 5 months, portion the accused kept connected languishing successful jailhouse waiting for his proceedings to begin”.

“Now, astatine this stage, erstwhile ED has an accidental to admit its work for violating the cardinal close of speedy proceedings of the accused (causing hold successful proceedings arsenic explained above) by mode of not opposing the bail, it has opted to reason the bail with afloat vigor and vehemence, which is thing abbreviated of defiance of mandate of Supreme Court…,” the justice underscored.

Instead of channelising their vigor and resources for a speedy trial, it appeared that the full thrust of the prosecuting bureau is to support the accused successful detention without trial, the tribunal added.

The tribunal noted that isolated from the close to question condemnation against the accused, the prosecuting bureau besides had a work to support the citizens from prolonged pre-trial detention.

“Presumption of innocence has been acknowledged passim the world,” helium said.

The justice observed important clip would beryllium required by the ED to get the authorisation which would further lend to the hold successful proceedings and accepted the statement of advocator Hemant Shah, representing the accused, that helium deserved the payment of bail connected the crushed of parity.

Siddiqui, the tribunal noted, had been successful judicial custody for implicit a twelvemonth and till date, the transcript of documents could not beryllium supplied to accused and the lawsuit hadn’t adjacent reached the signifier of framing of charges.

According to the ED, Siddiqui was accused of purchasing the spot connected behalf of Khan from the proceeds of crime.

The ED opposed the application, claiming the behaviour and the relation of the accused successful the case, did not punctual assistance of bail to him connected the ground of a agelong incarceration.

The wealth laundering probe stems from 2 FIRs — the CBI’s lawsuit successful transportation with the alleged irregularities successful the Waqf Board and an alleged disproportionate assets lawsuit registered by the Delhi Police anti-corruption unit.