Delhi Waqf board case: AAP MLA Amanatullah Khan granted bail; ED trying to keep accused in jail without trial, says court  

The case relates to alleged irregularities in appointments at the Delhi Waqf Board during Amanatullah Khan’s tenure as its chairman.

A Delhi court on Wednesday (November 27, 2024) granted bail to an accused in the Delhi Waqf Board case involving Aam Aadmi Party (AAP) legislator Amanatullah Khan, observing that the Central agency’s “entire thrust” has been on keeping him in detention without trial.

The case relates to alleged irregularities in appointments at the Delhi Waqf Board during Mr. Khan’s tenure as its chairman.

The legislator was granted bail earlier this month in the absence of sanction from the competent authority to prosecute him.

According to the ED, Kausar Imam Siddiqui acted as a middleman for the MLA and purchased a property on his behalf from the proceeds of the crime.

However, noting that Mr. Siddiqui has been in custody since November 24, 2024, Special Judge Jitendra Singh of the Rouse Avenue Court observed that there is not even the “remotest possibility” for the trial to conclude in near future.

“The State and its agency are expected to be equal votaries of liberty. Instead of channelising their energy and resources for speedy trial, it appears that the entire thrust of the prosecuting agency is to keep the accused in detention without trial,” the court said granting him bail.  It added that the prosecuting agency cannot shy away from the responsibility in contributing towards speedy trial.

“Pre-trial detention undermines the rule of law and adversely affects the credibility of the State towards its commitment in protecting the basic human rights of an Individual,” it said.

The court also observed that apart from the right to seek conviction against the accused, the prosecuting agency also had a duty to protect citizens from prolonged pre-trial detention

“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 vigour and vehemence, which is nothing short of defiance of mandate of Supreme Court,” the judge said.

Published - November 28, 2024 09:10 am IST