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The ED lawsuit pertains to alleged irregularities committed during Khan’s tenure arsenic the president of the Delhi Waqf Board betwixt 2016 and 2021.
While granting bail to an accused successful the Waqf committee wealth laundering case, a Delhi Court near a connection for the Special Director of the Enforcement Directorate: that it volition instruct peculiar nationalist prosecutors not to reason an accused person’s bail plea successful a wealth laundering lawsuit if the hold successful proceedings has been caused owed to the agency.
“Before parting, with the order, it volition beryllium successful the involvement of justness to gully the benignant attraction of the ineligible helping of ED regarding the directions issued by the Apex Court successful Javed Gulam Nabi Shaikh (supra) arsenic find mentioned successful paragraph 7.11 of this order. It is expected of the Worthy Director that helium shall contented due instructions to the Ld. SPPs not to reason the bail plea wherever the hold of proceedings has been occasioned owed to the behaviour of ED,” said Special Judge Jitendra Singh of Rouse Avenue Court successful his bid portion granting bail to Kausar Imam Siddiqui, an accused successful the case.
Kausar had moved for bail connected grounds of agelong incarceration and hold successful proceedings connected parity with co-accused Jawed Imam Siddiqui, who was precocious granted bail by the High Court. The allegations against Kausar were that helium allegedly acted arsenic a middleman for AAP MLA Amanatullah Khan, besides an accused successful the case.
The ED lawsuit pertains to alleged irregularities committed during Khan’s tenure arsenic the president of the Delhi Waqf Board betwixt 2016 and 2021.
“The accused has been successful judicial custody for much than a twelvemonth now… To date, copies of documents could not beryllium supplied to the accused. The lawsuit has not adjacent reached the signifier of framing of charge. A perusal of the lawsuit record reveals that a hold of astir 5 months tin beryllium attributed to ED arsenic alternatively of supplying copies of unrelied documents arsenic ordered connected 27.05.2024, ED preferred to determination Hon’ble Delhi High Court assailing the said order. Ironically, aft obtaining enactment successful that proceedings, the petition was withdrawn connected 15.10.2024,” noted Judge Singh.
“The authorities and its bureau are expected to beryllium adjacent votaries of liberty. Instead of channeling their vigor and resources for a speedy trial, it appears the full thrust of the prosecuting bureau is to support the accused successful detention without trial,” the Judge added.
Citing the Supreme Court judgement successful AAP person Manish Sisodia’s case, the tribunal held that keeping an accused successful incarceration for a agelong clip without proceedings was successful usurpation of their cardinal close to a speedy trial.
Earlier this month, the Court had ordered Khan’s merchandise from jailhouse successful the case, citing the deficiency of a prosecution authorisation against him.
Citing V Senthil Balaji vs. ED, the bureau argued that lone a law Court tin assistance bail successful a wealth laundering lawsuit connected the grounds of agelong incarceration and hold successful trial. It further submitted that considering the behaviour of the accused, helium is not entitled to bail.
According to the cardinal agency, Khan had illegally appointed members to the board, causing a nonaccomplishment to the exchequer. It further alleged that Rs 36 crore was laundered into properties by Khan’s agents. The wealth laundering lawsuit against Khan stems from 2 FIRs: 1 filed by the CBI concerning alleged irregularities successful Waqf Board appointments; and different by the Delhi Anti-Corruption Branch (ACB) regarding an alleged lawsuit of disproportionate assets.
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