Delhi High Court grants bail to businessman in ED case against Amanatullah Khan

The Delhi High Court recently granted bail to Dubai-based businessman Jawed Imam Siddiqui in a money laundering case involving Aam Aadmi Party (AAP) leader and former Delhi Waqf Board Chairman Amanatullah Khan [Jawed Imam Siddiqui vs Directorate of Enforcement].

The Enforcement Directorate (ED) had arrested Siddiqui last year in the case in which AAP leader Khan has been accused of irregularities in the Waqf Board's recruitments and leasing of its properties.

In the order passed on November 13, Justice Manoj Kumar Ohri noted that the prosecution has named five accused in the case and cited 28 witnesses against them with evidence running upto 4,000 pages.

Thus, the Court observed that the trial was not expected to be concluded anytime soon.

"In a situation such as the present case, where there are multiple accused persons, thousands of pages of evidence to assess, large number of witnesses to be examined, the trial is not expected to end anytime in the near future and the delay is not attributable to the accused, keeping the accused in custody by using Section 45 PMLA a tool for incarceration or as a shackle is not permissible," it said.

The Court also noted that the trial had been stuck at the stage of supply of documents to the accused.

In this connection, it found that ED had moved the High Court after it was directed by the trial court to furnish documents which it had not relied upon.

“Ironically, the respondent agency withdrew the petition on 15.10.2024. In these circumstances, it is evident that the trial would take some time to conclude,” it remarked.

Considering the totality of the facts and circumstances including the period undergone by the accused, the High Court granted bail to the accused with the direction to deposit his passport with the trial court.

According to the ED, Khan had earned a large amount of money from the alleged illegal recruitment to Waqf Board and then invested the "proceeds of crime" in immovable properties through his associates.

Siddiqui is alleged to have been a seller of some of the immovable properties transferred to Khan's close associates. However, Siddiqui has denied allegations of wrongdoing.

"Even if assuming that money has flown from the main accused via other accused persons for purchase of the applicant‟s property, the said money cannot be said to have been derived from this scheduled offence and hence the said money are not proceeds of crime," his counsel told the Court.

Pertinently, the ED had recently filed a supplementary prosecution complaint against Khan before the trial court.

However, Special Judge Jitendra Singh had on Thursday refused to take cognizance of the complaint against Khan due to lack of prosecution sanction.

The Court had also ordered Khan's immediate release from custody.

Advocates Manu Sharma, Arjun Kakkar, Abhyuday Sharma, Akansha Kaul, Harsh Sethi, Raghav Luthra and Anant Nigam appeared for Jawed Siddiqui.

Special Counsel for ED Manish Jain, with Advocates Sougata Ganguly, Gulnaz Khan, Snehal Sharda and Deepanshu Kumar. 

[Read Judgment]