Delhi HC Grants Bail to AAP Volunteer in Money Laundering Case, Cites Article 21
Last Updated on September 12, 2024 by Athi Venkatesh
The Delhi High Court granted bail to Aam Aadmi Party (AAP) volunteer Chanpreet Singh Rayat in a money laundering case linked to the scrapped excise policy. The court noted that the twin conditions under Section 45 of the Prevention of Money Laundering Act (PMLA) were either met or irrelevant when balanced against the constitutional right to personal liberty under Article 21. Justice Neena Bansal Krishna emphasized that Rayat could not be deprived of his freedom due to the likely long delay in concluding the trial.
The court noted that the allegations involved a transfer of Rs. 100 crores through Hawala channels, with Rayat allegedly receiving Rs. 45 crores. These funds were reportedly used for events during the AAP’s Goa election campaign. However, the court found the evidence weak and stated that witnesses’ testimonies must be proven at trial.
Rayat, a freelancer for multiple political parties, argued that the Rs. 12 lakhs found in his account were legitimate earnings. The court found his work history credible and concluded there was no strong case suggesting he would commit the same offense if granted bail.
Referring to the Supreme Court’s ruling in Manish Sisodia’s case, the court reiterated that prolonged incarceration without trial violates Article 21. The court also acknowledged that Rayat had been in jail since April, with the case involving 69,000 pages of documents and 493 witnesses yet to be examined. Other accused individuals in similar circumstances had already been granted bail.
Rayat was granted bail on a bond of Rs. 5 lakhs, with additional conditions to ensure his attendance at trial.
