SC grants bail to two men in Delhi Waqf Board money laundering case

The Supreme Court on Wednesday granted bail to two men arrested in connection with the Delhi Waqf Board money laundering case, taking note of their prolonged incarceration and unlikelihood that the trial would begin in the near future.

A bench comprising Justices Abhay S Oka and Augustine George Masih observed Zeeshan Haider and Daud Nasir were in jail since their arrest on November 11, 2023, in the case and even the charges had not been framed against them yet.

“Appellants have been in custody for approximately one year and one month. Charges have not been framed in the complaint filed under the PMLA (Prevention of Money Laundering Act). In the complaint, 29 witnesses have been cited, and about 50 documents are being relied upon which run into more than 4,000 pages,” the bench said.

The top court went on, “The trial is not likely to commence soon as even charges have not been framed. Therefore, in the facts of the case and in view of the undertakings furnished by the appellants and what is held in paragraphs …of the judgement of this court in the case of Senthil Balaji…the appellants have to be enlarged on bail.”

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The bench subsequently directed the men to be produced before the special court within a week to complete the bail formalities and to be released on bail on appropriate terms and conditions, which include abiding by the undertakings filed in the top court.

The bench said the appellants’ undertakings of December 6 and December 9, 2024, filed before it would be part of the record, and its compliance would be a bail condition.

“If the hearing of the complaint is delayed due to any act or omission on part of the appellants, it will be open for the respondent (ED) to apply for cancellation of bail before the special court,” the bench said.

AAP MLA Amanatullah Khan, the former chairperson of Delhi Waqf Board, was the main accused in the case and he was recently granted relief by a trial court, which refused to take cognisance of a chargesheet filed against him. The ED has moved against the trial court’s decision.

Haider and Nasir were arrested by the ED in November 2023 in a case alleging irregularities in the Delhi Waqf Board recruitment process.

The ED accused Khan of laundering proceeds of crime amounting to approximately Rs 36 crore, which were allegedly used to purchase immovable properties through associates, including Haider and Nasir.

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The case stems from a CBI FIR and multiple complaints lodged by the Delhi police.

The ED’s investigation unearthed alleged illegal recruitment, financial mismanagement, and misuse of Waqf Board properties during Khan’s tenure as the chairman between 2018 and 2022.

The Delhi High Court previously denied bail to Haider and Nasir in July, 2024, citing sufficient evidence to invoke the stringent bail restrictions under Section 45 of the PMLA.

It observed that Khan and his associates engaged in transactions involving significant cash payments concealed from authorities.