The Rouse Avenue Court recently granted bail to Kausar Imam Siddiqui, an accused in the Delhi Waqf Board money laundering case.
This case involves the alleged sale and purchase of a property worth ₹36 crores in Okhla.
Special CBI Judge Jitendra Singh approved Siddiqui’s bail, citing his extended custody period and parity with other accused who have already been granted bail. Siddiqui has been in custody since November 2023.
The court noted, “Considering the period of custody and the remote possibility of the trial being completed in the near future, it is directed that the applicant/accused, Kausar Imam Siddiqui, be released on regular bail on furnishing a personal bond of ₹1 lakh with one surety of the like amount.”
Observations of the Court
The court remarked that there is no immediate likelihood of the trial concluding, especially as the cognisance of offences under Section 3 punishable under Section 4 of the Prevention of Money Laundering Act (PMLA) against AAP MLA Amanatullah Khan was declined due to a lack of sanction. The Enforcement Directorate (ED) will require additional time to secure sanctions, further delaying the trial.
Additionally, the court emphasized that Siddiqui’s role in the alleged money laundering scheme was not as significant as that of others. “The benefit of bail on the ground of parity is to be granted to the accused, as he is neither the owner nor the purchaser of the property allegedly involved in money laundering,” the court stated.
Allegations Against Siddiqui
According to the ED, Siddiqui acted as a middleman for Amanatullah Khan in the purchase of the Tikona plot in Jamia Nagar, Okhla. The property was allegedly bought by Zeeshan Haider and Daud Nasir, with part of the payment reportedly made using proceeds of crime linked to Amanatullah Khan.
Defense Arguments
Advocate Hemant Shah, representing Siddiqui, argued that his client has been incarcerated since November 24, 2023, and the trial’s prolonged delay justifies bail. He also cited a Supreme Court precedent emphasizing long incarceration as a valid ground for bail, referencing Manish Sisodia vs Directorate of Enforcement. Shah added that Siddiqui’s role was less critical compared to other accused who had already been granted bail.
Prosecution’s Stance
ED’s special public prosecutor Manish Jain opposed the bail, asserting that Siddiqui’s role was pivotal as a middleman and more significant than that of other accused. Jain argued that this disqualifies Siddiqui from seeking bail on parity grounds.
This ruling marks a key development in the high-profile case, with further delays expected as the ED pursues necessary sanctions for proceeding against the primary accused.
