New Delhi:

A Delhi court on Wednesday granted bail to an accused in the Delhi Waqf Board case involving AAP MLA Amanatullah Khan while pulling up the ED for having its “entire thrust” to keep him in detention without trial.

Special Judge Jitendra Singh granted bail to Kausar Imam Siddiqui, accused of being a middleman on behalf of Khan for purchase of a property, noting he was in custody since November 24, 2023.

The court observed there was not even the “remotest possibility” for the trial to be concluded in the near future for it had refused to take the cognisance of the chargesheet on account of lack of requisite sanction.

“The prosecuting agency cannot shy away from the responsibility in contributing towards a speedy trial. Pre-trial detention undermines the rule of law and adversely affects the credibility of state towards its commitment in protecting the basic human rights of an individual,” it said.

The judge on November 14 refused to take cognisance of the chargesheet and ordered “immediate release” of Khan, saying his further incarceration in the matter would be “illegal” in the money laundering case related to alleged irregularities in the Delhi Waqf Board.

The judge on Wednesday granted bail to Siddiqui, saying perusal of the case file revealed that a delay of about five months could be attributed to the ED.

The central probe agency, the court said, “stalled the proceedings for full five months, while the accused kept on languishing in jail waiting for his trial to begin”.

“Now, at this stage, when ED has an opportunity to admit its responsibility for violating the fundamental right of speedy trial of the accused (causing delay in trial as explained above) by way of not opposing the bail, it has opted to oppose the bail with full vigor and vehemence, which is nothing short of defiance of mandate of Supreme Court…,” the judge underscored.

Instead of channelising their energy and resources for a speedy trial, it appeared that the entire thrust of the prosecuting agency is to keep the accused in detention without trial, the court added.

The court noted that apart from the right to seek conviction against the accused, the prosecuting agency also had a duty to protect the citizens from prolonged pre-trial detention.

“Presumption of innocence has been acknowledged throughout the world,” he said.

The judge observed substantial time would be required by the ED to obtain the sanction which would further contribute to the delay in trial and accepted the argument of advocate Hemant Shah, representing the accused, that he deserved the benefit of bail on the ground of parity.

Siddiqui, the court noted, had been in judicial custody for over a year and till date, the copy of documents could not be supplied to accused and the case hadn’t even reached the stage of framing of charges.

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

The ED opposed the application, claiming the conduct and the role of the accused in the case, did not prompt grant of bail to him on the basis of a long incarceration.

The money laundering probe stems from two FIRs — the CBI’s case in connection with the alleged irregularities in the Waqf Board and an alleged disproportionate assets case registered by the Delhi Police anti-corruption unit.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

Aam Aadmi Party (AAP) MLA Amanatullah Khan left the Directorate of Enforcement’s (ED) office in Delhi post-midnight on Friday after being questioned by the agency in connection with a money laundering case linked to alleged irregularities in the Delhi Waqf Board during his chairmanship.

The AAP MLA, who reached the ED Office around 11:00 am on Thursday, was questioned by the ED for more than 12 hours. The agency questioned and recorded his statement in connection with the case.

“I was called (by ED) for questioning; the Supreme Court had directed me to appear, so I had come at 11:00 am. I was questioned and my statement was recorded, and now I am leaving,” Amanatullah Khan said while speaking to ANI after the questioning by ED.

The AAP MLA also claimed that central agencies have been pushing “him to resign and turn against Chief Minister Arvind Kejriwal.”

“I want to tell the public of Okhla that for the last two years, the central agencies have been chasing and irritating me. They have been trying to get my resignation. And leave Arvind Kejriwal and turn against him,” Mr Khan alleged in a video message. The video was also shared by Mr Khan in a post on X on Thursday evening.

#WATCH | Delhi: Amanatullah Khan, AAP MLA says, ” I was called (by ED) for questioning, Supreme Court had directed me to appear so I had come at 11:00 am. I was questioned and my statement was recorded and now I am leaving…” pic.twitter.com/rkxs9v1xpi

— ANI (@ANI) April 18, 2024

Earlier in the day, AAP leader and Rajya Sabha MP Sanjay Singh alleged that the ED was planning to arrest Mr Khan in connection with a “baseless” case.

Taking to social media platform X, Sanjay Singh said, “Modi government is working on its Operation Lotus with full might. Ministers and MLAs are being arrested on false charges. ED is planning to arrest @KhanAmanatullah by framing a baseless case against him. The dictatorship will end soon. I am going to meet his family.”

The AAP MP along with other party leaders, including Delhi Ministers Atishi, Saurabh Bharadwaj, and Gopal Rai, reached Mr Khan’s residence to meet his family on Thursday night.

“I want to say this to PM Narendra Modi and Amit Shah in very clear words: their Operation Lotus will not be successful in Delhi…Your dictatorship will end soon. This matter has been going on since 2016, when the CBI filed a chargesheet and Amanatullah Khan was not arrested. Even the court told ED that it has no proof against Amanatullah Khan, despite this, he is being arrested,” Singh told reporters.

“This conspiracy has been created to dismantle the Delhi government and break the party… AAP stands with Amanatullah Khan and his family… We haven’t received any official information from the ED as of now,” he added.

Supreme Court ने ED को कहा था कि ED के पास कोई सुबूत नहीं है, इसके बावज़ूद ED @KhanAmanatullah को गिरफ़्तार कर रही है।

हमारे मुख्य Arvind Kejriwal जी को गिरफ़्तार किया गया, मनीष सिसोदिया जी, सत्येन्द्र जैन जी को गिरफ़्तार किया गया।

मोदी और अमित शाह के नेतृत्व में विधायकों को… pic.twitter.com/qNw0Dwy94X

— AAP (@AamAadmiParty) April 18, 2024

Earlier, the Supreme Court on Monday (April 15) declined to grant anticipatory bail to Amanatullah Khan in a money laundering case related to alleged irregularities in the Delhi Waqf Board during his chairmanship.

But, the bench of Justices Sanjiv Khanna and Dipankar Datta also stated that Mr Khan should not be arrested unless there is sufficient material against him. It cautioned the Enforcement Directorate (ED) against unnecessarily exercising the right to arrest under the Prevention of Money Laundering Act (PMLA).

Earlier, ED had moved an application for the issuance of an open-ended, non-bailable warrant against Amanatullah Khan.
Recently, the ED filed a charge sheet against four people and one firm in a case of alleged money laundering at the Delhi Waqf Board during the chairmanship of Amanat Ullah Khan.

ED had been sending summons to him to squeeze him in relation to Delhi Waqf Board money laundering case. But, his anticipatory bail pleas have been dismissed by the trial court as well the High court.
The money laundering case against Mr Khan stems from a Central Bureau of Investigation (CBI) FIR and three Delhi Police complaints.

The allegations against Mr Khan concern his time as Chairman of the Waqf Board. He has been accused of illegally recruiting people in violation of the law and unfairly leasing Waqf Board properties during 2018-2022.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)