Delhi Waqf Board PMLA case: Court grants bail to accused Kausar Imam Siddiqui after one year custody

Nov 27, 2024

New Delhi [India], November 27 : The Rouse Avenue court on Wednesday granted regular bail to accused Kausar Imam Siddiqui. He is one of the accused in the Delhi Waqf Board money laundering case, linked with the sale and purchase of property worth Rs 36 crores in Okhla.
In this case, the court has already declined cognisance of the supplementary charge sheet filed against Aam Aadmi Party MLA Amanatullah Khan.
The court granted bail to Siddiqui in view of his period of custody and parity with other accused who got bail from the High Court. Kausar was in custody since November 2023.
Special CBI Judge Jitendra Singh granted bail to Kausar Imam Siddiqui.
"Considering the period of custody and the remote possibility of the trial being completed in the near future and keeping in mind the mandate of the Supreme Court and High Court, it is directed that the applicant/accused namely Kausar Imam Siddiqui, be released on regular bail on furnishing of personal bond in the tune of Rs. one lakh with one surety of the like amount," the Special Judge ordered on November 27.
While granting bail to Siddiqui, the court observed, "Further, there is not even the remotest possibility for the trial to be concluded in the near future as the cognisance of the offence under Section 3 punishable under Section 4 of PMLA has been declined qua the main accused Amanat Ullah Khan for lack of sanction. Substantial time will be required by ED to obtain sanction which shall further contribute to the delay of trial."
"The benefit of bail on the ground of parity is to be granted to the accused, as admittedly he is neither the owner nor the purchaser of the property allegedly involved in money laundering and therefore, the role attributed to the accused is not significant to deny the benefit of parity," the order stated
As per ED, the allegations against Kausar Imam Siddiqui are that he acted as a 'middleman' on behalf of accused Amanatullah Khan for the purchase of the property located at Tikona plot, Jamia Nagar, Okhla, Delhi, which was purchased by accused Zeeshan Haider and accused Daud Nasir.
It is alleged that in the said transactions, allegedly part of the consideration amount was paid from the proceeds of crime generated by Amanatullah Khan.
Advocate Hemant Shah, counsel for the accused, submitted that the accused is seeking bail mainly on two grounds: long incarceration, delay in trial and parity with the accused, Jawed Imam Siddiqui.
It was further submitted that the present accused has been in custody since November 24, 2023.
It is further submitted that by delivering the judgement, the High Court was cognisant of the fact that the earlier bail applications of other accused persons have been dismissed.
The ground of long incarceration for granting bail has been developed by the Supreme Court in the case reported as Manish Sisodia vs Directorate of Enforcement, counsel argued.
ED's special public prosecutor (SPP), Manish Jain, opposed the bail and submitted that the role of the present accused is more significant than the role played by other accused persons, as the present accused had acted as a middleman on behalf of the main accused and therefore, he cannot seek parity.