The court observed there was no possibility for the trial to be concluded. (Representational)
A Delhi court on Wednesday granted bail to an accused in the Delhi Waqf Board case involving AAP MLA Amanatullah Khan while pulling up the ED for having its "entire thrust" to keep him in detention without trial.
Special Judge Jitendra Singh granted bail to Kausar Imam Siddiqui, accused of being a middleman on behalf of Khan for purchase of a property, noting he was in custody since November 24, 2023.
The court observed there was not even the "remotest possibility" for the trial to be concluded in the near future for it had refused to take the cognisance of the chargesheet on account of lack of requisite sanction.
"The prosecuting agency cannot shy away from the responsibility in contributing towards a speedy trial. Pre-trial detention undermines the rule of law and adversely affects the credibility of state towards its commitment in protecting the basic human rights of an individual," it said.
The judge on November 14 refused to take cognisance of the chargesheet and ordered "immediate release" of Khan, saying his further incarceration in the matter would be "illegal" in the money laundering case related to alleged irregularities in the Delhi Waqf Board.
The judge on Wednesday granted bail to Siddiqui, saying perusal of the case file revealed that a delay of about five months could be attributed to the ED.
The central probe agency, the court said, "stalled the proceedings for full five months, while the accused kept on languishing in jail waiting for his trial to begin".
"Now, at this stage, when ED has an opportunity to admit its responsibility for violating the fundamental right of speedy trial of the accused (causing delay in trial as explained above) by way of not opposing the bail, it has opted to oppose the bail with full vigor and vehemence, which is nothing short of defiance of mandate of Supreme Court...," the judge underscored.
Instead of channelising their energy and resources for a speedy trial, it appeared that the entire thrust of the prosecuting agency is to keep the accused in detention without trial, the court added.
The court noted that apart from the right to seek conviction against the accused, the prosecuting agency also had a duty to protect the citizens from prolonged pre-trial detention.
"Presumption of innocence has been acknowledged throughout the world," he said.
The judge observed substantial time would be required by the ED to obtain the sanction which would further contribute to the delay in trial and accepted the argument of advocate Hemant Shah, representing the accused, that he deserved the benefit of bail on the ground of parity.
Siddiqui, the court noted, had been in judicial custody for over a year and till date, the copy of documents could not be supplied to accused and the case hadn't even reached the stage of framing of charges.
According to the ED, Siddiqui was accused of purchasing the property on behalf of Khan from the proceeds of crime.
The ED opposed the application, claiming the conduct and the role of the accused in the case, did not prompt grant of bail to him on the basis of a long incarceration.
The money laundering probe stems from two FIRs -- the CBI's case in connection with the alleged irregularities in the Waqf Board and an alleged disproportionate assets case registered by the Delhi Police anti-corruption unit.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)