'ED Wants To Keep Accused In Detention Without Trial' : Court Asks ED Director To Ensure Bails Aren't Opposed When Agency Delays Trials

While granting bail to an accused in the money laundering case connected to alleged Delhi Waqf Board scam, a Delhi Court yesterday rapped the Enforcement Directorate (ED) for causing delay in trial of about five months.

“The state and its agency are expected to be equal votaries of liberty. Instead of channelizing their energy and resources for speedy trial, it appears that the entire thrust of the prosecuting agency is to keep the accused in detention without trial,” Special judge Jitendra Singh of Rouse Avenue Courts said.

The judge granted bail to accused Kausar Imam Siddiqui who has been in jail since November 24 last year.

The Court observed that when ED had the 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 opted to oppose the bail with full vigor and vehemence.

This, as per Court, was in defiance of mandate of Supreme Court ruling in Javed Gulam Nabi Shaikh case wherein it was held that in case of failure to protect fundamental right of an accused to have a speedy trail, the state or prosecuting agency shall not oppose the plea for bail of the accused.

“Before parting, with the order, it will be in the interest of justice to draw the kind attention of the legal wing of ED regarding the directions issued by the Apex Court in Javed Gulam Nabi Shaikh (supra) as find mentioned in paragraph 7.11 of this order. It is expected of Worthy Director that he shall issue appropriate instructions to the Ld. SPP's not to oppose the bail plea where the delay of trial has been occasioned due to the conduct of ED,” the Court said.

Furthermore, the judge said that the case has not even reached the stage of framing of charge and that instead of supplying copy of unrelied documents as ordered on May 24, ED had preferred to move the Delhi High Court assailing the said order.

“Ironically, after obtaining stay in that proceedings, the petition was withdrawn on 15.10.2024. Thus, the case was relegated back to the same position as was on 27.05.2024. From the sequence of events, it can be said that the only result achieved by the prosecuting agency was to stall the proceedings for full 5 months, while the accused kept on languishing in jail waiting,” the judge said.

Earlier this month, the judge had ordered release of Aam Aadmi Party (AAP) MLA Amanatullah Khan in the case. This was after the Court refused to take cognizance of ED's supplementary chargesheet against Khan under PMLA for the lack of requisite sanction in terms of Section 197 (1) of Cr.P.C.

The case alleges that Amanatullah Khan, while working as chairman of the Delhi Waqf Board, illegally recruited various people in violation of norms and government guidelines.

ED alleged that Khan acquired huge proceeds of crime in cash from illegal recruitment of staff in the Delhi Waqf Board and invested the same to purchase immovable assets in the name of his associates.

The ED has approached the Supreme Court against this order.

Click here to read the order