Delhi Waqf Board money laundering case: Court extends custody of three accused for one-day

New Delhi [India], November 16 : The Rouse Avenue court of Delhi on Thursday extended the ED custody of three accused in connection with the Delhi Waqf Board money laundering case for one day.
Link Special Judge Geetanjali Goel extended the ED custody of three accused namely Javed Imam Siddiqui, Jishan Haider and Dawood Nasir.
Enforcement Directorate (ED) sought six days remand.
The court directed to produce accused persons before the concerned court tomorrow. The accused persons were produced before the link judge as the concerned judge was not available.
Advocate Manish Vedvan appeared for accused Dawood Nasir. He submitted before the court that he was made to wait to meet his client. He reached at ED office at 6 PM but was allowed entry at 6.45 PM.
The court also noted the submission that Dawood Nasir has suffered from severe lower back pain for the last 10 years and was taken to RML Hospital. On his return from the hospital, he was interrogated till 1 AM.
The counsel also submitted that the accused was forced to sign a statement written in the English language. However, he asked for a statement in the Hindi language as he doesn't understand the English language.
Advocate Manu Sharma for Javed Imam Siddiqui opposed the remand. He submitted that the accused joined the investigation 15 times and gave documents five times.
Advocate Nitesh Rana appeared for accused Jishan Haider in the matter.
As per ED, this money laundering case pertains to the sale and purchase of land for Rs 13.40 crores. It is alleged that the transaction involves proceeds of crime. The agency has alleged that they have been arrested in a case sale-purchase of property with ill-gotten money from Amanat Ullah Khan.
On the last date of the hearing, the agency submitted that the accused persons were not cooperating in the investigation and were evasive in their replies. ED had argued that ill-gotten money was used in the transaction and Rs 4 crores were paid in cash.
The special public prosecutor for ED submitted that there is sufficient ground for the arrest of accused persons and the same was communicated to them.
The court had asked for the evidence and the counsel for ED had said there is a diary of Qausar Imam Siddiqui in which there was an entry of Rs 8 crores. The court had asked if it is related to Amanat Ullah to which ED responded, "Yes. We will show the court. Siddiqui was the middle man."
The agency's counsel further submitted that a remand of 14 days is required for two major reasons. One is the confrontation of accused persons with each other and the data culled out also required to be confronted.
It is alleged that Javed Imam got this property through a sale deed. He sold the property for Rs 13.40 crore. Jishan paid money in cash to Javed Imam.
On the other hand, Advocate Nitish Rana appeared for Jishan Haider. He argued that arrest is illegal and therefore they should be released. The accused were called to the ED office on November 10 at 11 AM. They were arrested on November 12 after a period of 24 hours.
Advocate Rana argued that there is an Agreement to Sell (ATS). "Rs 9 crores have been paid through banking channel and Rs 4 crore is to be paid," Advocate Rana submitted.
He further argued that Jishan Haider joined the investigation four times. The only allegation against him is there is another ATS recovered from him.
He argued, "After 7 years you (ED) are registering a case and investigating. The alleged proceeds of crime were generated seven years back." He submitted that Amanat Ullah Khan and Qausar Siddiqui are on bail.
The Look Out Circular (LOC) against Javed Imam Siddiqui was quashed on November 8 by the concerned court. Three days before the arrest, Rana argued.
He further submitted, "Let them be in judicial custody as the matter is coming for hearing on November 16 before the concerned court."
"First of all, the question of illegal custody is to be decided. It is my suggestion," the Defence counsel contended. "How did you make him sit the whole night in the ED office without arrest," he asked.
ED's special public prosecutor (SPP) submitted that the accused persons came at 12 noon on November 10. The next day at 11.30 am they were arrested.
Let the record be produced including pass and CCTV footage of the ED office, Rana argued.
He argued that no accused can be detained for more than 24 hours without the permission of the court and added that the accused were arrested three hours after the lapse of a period of 24 hours at around 2.30 PM and produced before the court at 3.30 PM.
He further added that non-cooperation and being evasive is not a ground for arrest. "After illegal detention of more than 24 hours, you are seeking police custody?," he asked.
The defence counsel also submitted that Jishan Haider is 64, has undergone open heart surgery, has been advised angiography, and is diabetic.
He further argued that the requirement of Section 19 of PMLA does not stand as there is no sufficient and cogent evidence to conclude that the suspect is guilty of money laundering.
He also referred to the High Court rules which say custody should be demanded for extracting statements from the accused. There has to be some evidence that Amanat Ullah earned the money from proceeds of crime, Rana argued.
A charge sheet was filed by the CBI without arresting Amanat Ullah Khan who is the main accused, counsel argued. Advocate further argued that thereafter, an FIR was registered by the ACB.
My client Dawood Nasir has no connection with Amanat Ullah Khan. ED found nothing from his premises during the search, the counsel argued.
Advocate Arjun Kakkar appeared for Javed Imam Siddiqui. Advocate Kakkar submitted that the LOC against him was quashed on November 8. They summoned him on November 9. On November 10 at 11 AM they made him sit till 11 AM the next day.
Javed Imam has been an NRI Dubai for the last 15 years. He came to India for heart treatment. Advocate Kakkar representing Javed Imam Siddiqui argued that the ED interrogated Javed more than 15 times.
He submitted that the Agreement to Sell (ATS) was in 2021. CBI's FIR is from 2017. They arrested Javed just because the LOC against him was quashed.