Delhi High Court Grants Bail to Businessman in Money Laundering Case Involving AAP Leader Amanatullah Khan

Last Updated on November 15, 2024 by Amit Patra

The Delhi High Court on Wednesday granted bail to Dubai-based businessman Jawed Imam Siddiqui in a money laundering case relating to Aam Aadmi Party (AAP) leader Amanatullah Khan. Accused Siddiqui was arrested by the Enforcement Directorate, ED in the above case last year.
Justice Manoj Kumar Ohri, while granting bail, observed that “the trial was unlikely to be concluded in the near future as there are several accused, thousands of pages of evidence, and a large number of witnesses yet to be examined.” The Court held thereby that keeping an accused in custody by using PMLA as a “tool for incarceration” was not allowable.
The Court also observed that the trial had remained stuck at the stage of supply of documents to the accused and that the ED had itself withdrawn its petition seeking to avoid furnishing certain documents. Considering the totality of the facts and circumstances, including the period undergone by the accused, the High Court granted bail to Siddiqui with a direction to deposit his passport with the trial court.
According to the ED, Khan had acquired ill-gotten gains in the form of huge money on account of alleged illegal recruitment to the Waqf Board and subsequently utilized the “proceeds of crime” for investing in immovable properties in the name of his associates. Siddiqui has been accused of being one of the sellers of some of the immovable properties transferred to Khan’s close associates. However, Siddiqui has denied allegations of wrongdoing, claiming money used to buy his property cannot be termed proceeds of crime.
Notably, the ED had filed a supplementary prosecution complaint against Khan before the trial court recently. However, a Special Judge refused to take cognizance in view of want of prosecution sanction and ordered to release Khan forthwith from custody.
The grant of bail by the Delhi High Court to Siddiqui makes it amply clear that a trial has to be undertaken within a reasonable time frame and a fair one, too, in cases involving complicated financial allegations and many accused. This is underscored by observations of the Court-the PMLA has been used as a “tool for incarceration”.