Delhi Waqf Board Case: Court Grants Bail To AAP MLA Amanatullah Khan, 10 Others In CBI Case

A Delhi Court on Wednesday granted bail to Aam Aadmi Party MLA Amanatullah Khan and 10 others in a case registered by Central Bureau of Investigation (CBI) to probe the alleged illegal appointments in Delhi Waqf Board. Khan is also Chairman of the Waqf Board.

Special Judge MK Nagpal of Rouse Avenue Courts observed that it is a fit case where bail should be granted to the accused persons pending trial and that there is no reason or ground for taking any of them into custody.

The CBI alleged that a loss of Rs. 27,20,494 was caused to the Government exchequer in the form of salaries or other emoluments, which was paid to the employees. However, none of the accused persons was arrested by the probe agency during investigation.

In November last year, the court had taken cognizance of offences in CBI’s FIR and summoned the accused persons. On their appearance, they were released on personal bonds till disposal of their regular bail applications.

The chargesheet was filed by CBI in August last year for commission of offence of criminal conspiracy under section 120­B of IPC read with sections 13(2) and 13(1)(d) of the Prevention of Corruption Act.

While granting bail to the accused persons, the court said that the non-arrest of an accused during investigation is an “important or prime factor” which has to be taken into consideration while considering the question of grant of bail.

The court noted that though the chargesheet in the case was filed in August last year, the FIR was registered long back in November, 2016.

It said that the investigation “had been pending with the CBI for a long period of around six years” and during this period there was “sufficient time and opportunity available to the IO of case to arrest the applicants or any of them.”

“However, still the IO or CBI had taken a conscious decision not to arrest any of the above applicants in this case and the IO has chargesheeted them before this court without arrest,” the court said.

It observed that “morally and also legally” in view of the guidelines laid down by the Supreme Court, the CBI “should not have any right to oppose” the request for bail being made by the accused persons and that it should be left to the court to consider the matter on merits.

The court said that admittedly, there are no allegations made against any of the accused for demand, payment or acceptance of bribe in connection with the appointments and that provisions of the PC Act were invoked because it was alleged that the public offices of Khan and Mahboob Alam, then Chief Executive Officer of the DWB, were abused or misused.

“Again, further investigation in the matter may take a long time to conclude and there is no purpose behind taking or keeping the accused persons in custody awaiting conclusion thereof,” it said.

On the apprehensions were expressed by CBI that the accused persons may tamper with evidence of case or influence the witnesses or ongoing investigation, the court observed prima facie that such apprehensions are “baseless and without any reasons” as investigation has already been completed and most of the evidence collected during investigation is documentary in nature.

“Further, had there been any such apprehension in mind of the investigating agency that the applicants will tamper with or influence the evidence or pending investigation, then nothing prevented the IO to arrest the applicants in this case or to bring the above fact or conduct of the applicants to notice of this court and having not done so, the prosecution cannot now be heard of saying it simply to oppose the bail of accused persons. Again, such apprehensions being expressed from the side of prosecution have to be reasonable and real and not mere apprehensions having no backing by satisfactory material,” it said.

The court also said that none of the accused persons can be considered to be a flight risk as they all are permanent residents of their given addresses having roots in society and families to support.

In September last year, Khan was granted bail in a similar case registered by Anti Corruption Branch (ACB) accusing him of carrying out illegal recruitments and financial misappropriation as Delhi Waqf Board chairman. However, the ACB later challenged the order before the High Court which is pending adjudication.