The Supreme Court granted bail to Haider and Nasir in the Delhi Waqf Board money laundering case, citing their long detention and slow trial progress. The court noted charges were not framed and extensive evidence would delay proceedings. The ruling emphasizes justice principles and requires appellants’ compliance with conditions for continued bail, amidst ongoing investigations into alleged financial irregularities.
New Delhi: The Supreme Court on Wednesday granted bail to Haider and Nasir, two individuals arrested in connection with the Delhi Waqf Board money laundering case. The bench cited their prolonged incarceration and the unlikelihood of the trial commencing soon as key reasons for its decision.
“Appellants have been in custody for approximately one year and one month. Charges have not been framed in the complaint filed under the PMLA. 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 stated while delivering its judgment.
The court highlighted that delays in framing charges and the extensive nature of the evidence suggested that the trial would not begin in the foreseeable future. This reasoning aligns with the principles outlined in the Supreme Court’s earlier judgment in the Senthil Balaji case.
The Supreme Court directed that Haider and Nasir be produced before the special court within a week to complete the bail formalities. They are to be released on bail under appropriate terms and conditions, which include abiding by the undertakings filed in the apex court on December 6 and December 9, 2024.
“If the hearing of the complaint is delayed due to any act or omission on the part of the appellants, it will be open for the respondent to apply for cancellation of bail before the special court,”
the bench cautioned.
The appellants’ compliance with their undertakings was explicitly made a condition for the continuation of bail.
The case revolves around allegations of irregularities in the Delhi Waqf Board recruitment process, financial mismanagement, and misuse of Waqf Board properties during the tenure of former chairman Amanatullah Khan, an MLA and the primary accused. The Enforcement Directorate (ED) alleged that proceeds of crime amounting to approximately Rs 36 crore were laundered and used to purchase immovable properties through associates, including Haider and Nasir.
Despite the Delhi High Court denying bail to Haider and Nasir in July 2024, citing sufficient evidence under the stringent provisions of Section 45 of the PMLA, the Supreme Court took a different view, emphasizing the principles of justice in light of prolonged pre-trial detention.
The case originates from a CBI FIR and multiple complaints lodged by the Delhi Police. During its investigation, the ED uncovered alleged illegal recruitment practices and financial irregularities within the Delhi Waqf Board between 2018 and 2022.
Notably, Amanatullah Khan was recently granted relief by a trial court, which refused to take cognizance of the chargesheet against him, leading the ED to challenge the decision.
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