The Delhi High Court has rejected the bail applications of Zeeshan Haider and Daud Nasir, both accused in the Rs.36 crore property cases linked to the Delhi Waqf Board money laundering case.
Court’s Observation
The court indicated that the cash transactions made by Haider and Nasir could be the proceeds of crime generated by AAP MLA Amanatullah Khan. Justice Swarana Kanta Sharma dismissed their bail applications after reviewing the case’s details.
Haider and Nasir had sought regular bail under Section 45 of the Prevention of Money Laundering Act. However, Justice Sharma found the presented evidence sufficient to uphold the Section 45 bar against their bail.
“Considering the aforesaid facts and circumstances, this Court does not find it a fit case for grant of regular bail to the present applicants Zeeshan Haider and Daud Nasir,” Justice Sharma stated.
While rejecting their bail, Justice Sharma observed, “These transactions, related to the property in question, were both in cash and through banking channels, totaling approximately Rs 36 crores.” She further noted that Rs 27 crores of this amount were paid in cash, as revealed by a seized diary from the investigating agency.
The bench highlighted the recovery of a sale agreement showing the sale price as Rs 36 crores, contrasting with a false agreement indicating Rs 13.40 crores. This discrepancy suggested an attempt to disguise the proceeds of crime.
Judgement
The judgement noted that the bank statements of the property sellers supported the genuine sale agreement of Rs.36 crores, while the Rs 13.40 crore agreement appeared fabricated. The bank statements of Haider and Nasir showed that the cash payments might be proceeds of crime generated by Amanatullah Khan.
Justice Sharma added, “The material evidence gathered during the investigation by the Directorate of Enforcement reveals that Amanatullah Khan had hatched a criminal conspiracy along with his close associates i.e., the present applicants/accused and others and under the same, he had invested his ill-gotten money i.e. proceeds of crime, in the immovable properties through his associates namely Zeeshan Haider, Daud Nasir and others.”
It was alleged that Khan bought properties in the names of Haider and Nasir, concealing their true value and the cash amounts paid, which were proceeds of crime from his corrupt activities.
The court also criticized Daud Nasir’s conduct while obtaining interim bail, stating that he misled the court by misrepresenting the need for major surgery at Fortis Hospital. “Thus, the conduct of the applicant Daud Nasir is doubtful and this Court thinks if the applicant Daud Nasir if released on bail, may misuse the liberty and may attempt to tamper with evidence or influence witnesses,” the High Court said.
The Enforcement Directorate argued that Haider’s involvement in concealing the proceeds of crime through forgery demonstrated his active assistance to Khan and his associates in the property transactions.
