9911796707
TMI Blog2024 (4) TMI 718X X X X Extracts X X X X X X X X Extracts X X X X ..... and appreciated, alongwith other evidence collected by the investigating agency, for the purpose of ascertaining whether the offence of money-laundering is prima facie made out against an accused or not. There is no doubt that a person is entitled to all remedies, reliefs and fundamental rights available to him under the Constitution and law, such as to seek anticipatory bail, when apprehending arrest by the investigating agency or to file a petition challenging validity of summons issued to him. However, to hold that filing of a petition or an application, which is not diligently pursued, would amount to a justification for not joining investigation despite repeated summons and notices being received from the law enforcement agency, will be a dangerous proposition. The Courts of law cannot allow a legal strategy, commonly used by a person, to obstruct investigation or join investigation as that would amount to stripping the investigating agency of their valuable right to summon a person under the law, to give information about a suspected crime especially under the law, which has been upheld by the Hon ble Apex Court as constitutional and not illegal. The investigating agencies a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccused and right of investigating agency - HELD THAT:- Right to life, liberty and security of a person is paramount under the Constitution of India and in the criminal law in India. However, at the same time, the powers of the investigating agency to investigate an offence wherein the joining and providing information by a person is required, sending of summons cannot amount to infringing one s right to freedom and personal liberty on the pretext that the person concerned has apprehension of being arrested. For that, he has a separate remedy to take recourse too, in the form of anticipatory bail as well as regular bail before the Court of law or quashing of summons on whatever ground he deems appropriate - Thus, a person in India has a fundamental right to liberty and life, and the shield of law remains available even to an accused against whom an offence is alleged and his liberty can be curtailed only, as per law. His right against arbitrary detention or arrest to be informed of specific offence, he is accused of, at appropriate stage of investigation, protection against self incrimination, presumption of innocence till held guilty, bail not jail being a rule etc. remain availabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2015 onwards. In order to launder the same, he had hatched a criminal conspiracy along with his close associates and others and in pursuant thereupon, he had invested his ill-gotten money i.e. proceeds of crime, in the immovable properties through his associates namely Zeeshan Haider, Daud Nasir and others. The material brought before this Court at this stage is sufficient to attract bar under Section 45 of PMLA, and it prima facie shows the offence of money laundering being committed by the present accused/applicant - this Court does not find it a fit case for grant of pre-arrest bail to the present applicant Amanatullah Khan. The present bail application stands dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... of DWB in March 2016, 41 persons had been appointed in DWB on a contractual or daily wage basis. It included Mr. Mehboob Alam, Retd. IPS, as the CEO, Mr. R.K. Yadav, Retd. ACP, as Member Vigilance Committee, and Mr. Bhanwar Singh, Retd. Patwari as Patwari, in the category of retired persons. The latter two persons had been appointed without there being any such posts. Further, advertisements for only 22 posts had been published, and no advertisement had been published for the remaining 19 posts. Out of these 41 members, 23 persons, who were later engaged on a contract basis/daily-wage basis, had been working unofficially in DWB on the instructions of the applicant/accused Amanatullah Khan. After the issuance of engagement letters, they had received remuneration from May/June 2016 to September 2016. A total of Rs. 27,20,494/-had been paid to them, and Rs. 4,17,107/-had been paid to four staff members, who had been engaged in the National Waqf Development Corporation Limited ('NAWADCO') Scheme. iv. The applicant/accused Amanatullah Khan, who was the Chairman of DWB, had allegedly misused his official position and had engaged his relatives and persons known to him, namely, H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fice of DWB at Daryaganj, Delhi; v. Despite the complaints, recruitments had been made by the Chairman, DWB and the engagement/appointment letters had been issued to the candidates without due procedure; vi. The funds for the widows and other social workers had been converted and misused towards the salary of the persons recruited by the Chairman, DWB; vii. The Chairman i.e. the present applicant and one Mr. Himal Akhtar had opened an account, from which they had been withdrawing huge funds and converting the same for their personal purpose; viii. Rs. 5,00,000/-had been spent on renovation of the office of Chairman, without floating any tender. 5. In FIR Nos. 378 and 380, registered at Police Station Jamia Nagar, Delhi for offences punishable under Section 25, 54 & 59 of the Arms Act, 1959, there are allegations pertaining to the recovery of illegal weapons from the possession of Hamid Ali Khan and Kausar Imam Siddiqui, who both are close associates of the applicant Amanatullah Khan. Investigation in these two FIRs. is pending. 6. In the present ECIR, after investigation, the Directorate of Enforcement has filed a prosecution complaint against accused no. 1 Zeeshan Haider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... annels. During investigation, his Income Tax Returns (ITRs) and Balance Sheets were also analyzed and it was revealed that he had declared a Gross Total Income of about Rs. 5 to 7 lacs only, and on the basis of this income, it was implausible that Daud Nasir could have financed the acquisition of land valued at Rs. 36 crores. v. Further during investigation, it was revealed that Jawed Imam Siddiqui was the owner of properties in question, which were acquired in the name of his wife, Ms. Ayesha Quamar. It is also alleged that in collusion with the present applicant, co- accused namely Zeeshan Haider, Kausar Imam Siddiqui, and Daud Nasir, had orchestrated a false and fabricated Agreement to Sell dated 17.09.2021, indicating a total sale consideration of Rs. 13.40 crores, which was submitted with the intent to mislead the investigation. vi. It is also alleged that through the aforementioned agreement, accused Zeeshan Haider and Daud Nasir have allegedly acted as benamidars for the present applicant Amanatullah Khan. With the intention to conceal the actual amount paid to the seller, Zeeshan Haider, Daud Nasir, Jawed Imam Siddiqui, and Kausar Imam Siddiqui allegedly collaborated to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther submitted that the following points establish that no proceed of crime have been generated in the instant case: i. On an application filed by the applicant before the learned Trial Court, for fair and proper investigation by CBI, it was submitted by the concerned Investigating Officer that the investigation is going on only on four aspects, i.e. purchase of computer and its accessories without the approval of the DWB, distribution of 1500 ladies suits for widows/destitute, renovation of the office of DWB at Vikas Bhawan-II, for Rs. 25 lacs and purchase of 88 number of tents @Rs. 30,93,750/-through the limited tendering process, with approval of the chairman of DWB. It is therefore, submitted that there is no material or allegation against the applicant that any bribe amount was paid to him concerning alleged corruption in the tenancy of DWB properties. Furthermore, as per the chargesheet, there is no allegation of illegal gain to the applicant. ii. It has further been pointed out that while granting bail to the present applicant in FIR bearing No. 9(A) registered by CBI, AC-III, New Delhi, vide order dated 01.03.2023, the learned Trial Court has held that no recovery of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount cannot fall under the definition of 'Proceeds of Crime' as per Section 2(1)(u) of the PMLA. Since there is no presence of proceeds of crime as defined in Section 2(1)(u) of PMLA, the Directorate of Enforcement is not authorized to intervene or initiate any action under PMLA. If any material is found during the investigation which relates to the scheduled offence then that material as per Section 66(2) of the PMLA has to be sent by the Director, Directorate of Enforcement to the appropriate investigating agency of the scheduled offence for taking appropriate actions, let alone any action from the Directorate of Enforcement. 12. Sh. Kapil Sibal, learned Senior Counsel appearing for the present applicant/accused further submits that on 12.01.2024, the present applicant had received a summon under Section 50 of the PMLA from the Directorate of Enforcement directing him to appear before them on 23.01.2024 at 11:00 AM. However, on 22.01.2024, the present applicant via email had informed the Assistant Director, Directorate of Enforcement that he was not in a position to appear as he was busy with arrangements for the upcoming Republic Day function at his Okhla Constituenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he present applicant had further received another summon under Section 50 of the PMLA from Directorate of Enforcement directing him to appear before the Directorate of Enforcement on 04.03.2024 at 11 AM for compliance of the earlier summons despite knowing the fact that the applicant's bail application is pending for adjudication before the learned Trial Court. 13. Sh. Kapil Sibal, learned Senior Counsel appearing for the present applicant/accused further contended that the court, at the stage of bail, is not to weigh the evidence meticulously but to arrive at a finding on the basis of broad probabilities. It is argued that the Court while dealing with the application for grant of bail need not delve deep into the merits of the case and only a view based on material available on record is required to be looked into at this stage. It is further submitted that the applicant herein has consistently exhibited a steadfast commitment to cooperating with the ongoing investigation, readily adhering to all directives to participate in the proceedings. It is submitted that the present applicant is a two-time MLA, and he holds deep-seated connections within the societal fabric, further m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... explanation 1 to Section 44 of the PMLA, investigation into the offence of money laundering is independent of the investigation conducted by the predicate agency. It is further argued that ongoing investigations concerning the applicant reveal that the contents of the diaries hold factual accuracy. During the investigation the diaries, seized in this instance, hold evidentiary significance under Section 22 of the PMLA. The total transaction involving the tainted property amounts to Rs. 36.00 crores approx., with Rs. 27 crores constituting proceeds of crime generated by the present applicant/accused through criminal activities linked to the scheduled offense. These funds were utilized to acquire properties under the names of proxies, Zeeshan Haider and Daud Nasir, in an attempt to launder them by presenting them as legitimate assets. During further investigation accused Sh. Kausar Imam Siddiqui was presented with two sale agreements, one with a consideration of Rs. 13.40 crores and the other with a consideration of Rs. 36 crores, and was asked to verify the authenticity of each. When confronted, he had denied any knowledge of the sale agreement with a consideration of Rs. 13.40 cro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs are to be considered by the Courts while deciding anticipatory bail applications: "92.4. Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion; equally whether and if so, what kind of special conditions are to be imposed (or not imposed) are dependent on facts of the case, and subject to the discretion of the court." (Emphasis supplied) 19. The Hon'ble Supreme Court of India in Sumitha Pradeep v. Arun Kumar C.K. & Anr. 2022 SCC OnLine SC 1529 has summed up the three points that have to be kept in mind for grant of anticipatory bail, which are: (i) prima facie case against accused, (ii) nature of offence, and (iii) severity of the punishment. The relevant observations are as under: "...There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail. The f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infirm, or is accused either on his own or along with other co-accused of money-laundering a sum of less than one crore rupees may be released on bail, if the Special Court so directs: Provided further that the Special Court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by- (i) the Director; or (ii) any officer of the Central Government or a State Government authorised in writing in this behalf by the Central Government by a general or special order made in this behalf by that Government. (1A) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other provision of this Act, no police officer shall investigate into an offence under this Act unless specifically authorised, by the Central Government by a general or special order, and, subject to such condi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng to the commitment made to the international bodies and on their recommendations, it is plainly clear that it is a special legislation to deal with the subject of money-laundering activities having transnational impact on the financial systems including sovereignty and integrity of the countries. This is not an ordinary offence. To deal with such serious offence, stringent measures are provided in the 2002 Act for prevention of money-laundering and combating menace of money-laundering, including for attachment and confiscation of proceeds of crime and to prosecute persons involved in the process or activity connected with the proceeds of crime. In view of the gravity of the fallout of money-laundering activities having transnational impact, a special procedural law for prevention and regulation, including to prosecute the person involved, has been enacted, grouping the offenders involved in the process or activity connected with the proceeds of crime as a separate class from ordinary criminals. The offence of money-laundering has been regarded as an aggravated form of crime "world over". It is, therefore, a separate class of offence requiring effective and stringent mea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndering. Such conditions enumerated in Section 45 of PML Act will have to be complied with even in respect of an application for bail made under Section 439 Cr. P.C. in view of the overriding effect given to the PML Act over the other law for the time being in force, under Section 71 of the PML Act." (Emphasis Supplied) Section 45 of PMLA Applicable in case of Anticipatory Bail 24. The Hon'ble Apex Court in case of The Asst. Director Enforcement Directorate v. Dr. V.C. Mohan 2022 SCC OnLine SC 452had clarified that the provisions of Section 45 of PMLA would also be attracted while deciding an application filed under Section 438 of Cr.P.C., seeking pre-arrest bail. The relevant observations in this regard are as under: "...That does not mean that while considering the prayer for grant of anticipatory bail in connection with PMLA offence, the mandate of Section 45 of the PMLA Act would not come into play. *** ...It is one thing to say that Section 45 of the PMLA Act to offences under the ordinary law would not get attracted but once the prayer for anticipatory bail is made in connection with offence under the PMLA Act, the underlying principles and rigors of Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. V.C. Mohan (supra), this Court has specifically observed and held that it is the wrong understanding that in the case of Nikesh Tarachand Shah (supra) this Court has held that the rigour of Section 45 of the Act, 2002 shall not be applicable to the application under Section 438 Cr. P.C. In the case of Dr. V.C. Mohan (supra) in which the decision of this Court in the case of Nikesh Tarachand Shah (supra) was pressed into service, it is specifically observed by this Court that it is one thing to say that Section 45 of the Act, 2002 to offences under the ordinary law would not get attracted but once the prayer for anticipatory bail is made in connection with offence under the Act, 2002, the underlying principles and rigours of Section 45 of the Act, must get triggered-although the application is under Section 438 Cr. P.C. Therefore, the observations made by the High Court that the provisions of Section 45 of the Act, 2002 shall not be applicable in connection with an application under Section 438 Cr. P.C. is just contrary to the decision in the case of Dr. V.C. Mohan (supra) and the same is on misunderstanding of the observations made in the case of Nikesh Tarachand Shah (supra). O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a), this Bench in case of Moloy Ghatak v. Directorate of Enforcement 2023 SCC OnLine Del 7443 had made the following observations on the power of Directorate of Enforcement to issue summons to any person under Section 50 of PMLA and the consequent duty of such person to attend the same. The observations are extracted hereunder: "20. In Vijay Madanlal Choudhary v. Union of India 2022 SCC OnLine SC 929, the Hon'ble Apex Court had discussed the scope of Section 50 and the power to issue summons therein, by way of following observations: "425. Indeed, sub-section (2) of Section 50 enables the Director, Additional Director, Joint Director, Deputy Director or Assistant Director to issue summon to any person whose attendance he considers necessary for giving evidence or to produce any records during the course of any investigation or proceeding under this Act. We have already highlighted the width of expression "proceeding" in the earlier part of this judgment and held that it applies to proceeding before the Adjudicating Authority or the Special Court, as the case may be. Nevertheless, sub-section (2) empowers the authorised officials to issue summon to any pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... als the offence of money-laundering or the existence of proceeds of crime, that becomes actionable under the Act itself. To put it differently, at the stage of recording of statement for the purpose of inquiring into the relevant facts in connection with the property being proceeds of crime is, in that sense, not an investigation for prosecution as such; and in any case, there would be no formal accusation against the noticee. Such summons can be issued even to witnesses in the inquiry so conducted by the authorised officials. However, after further inquiry on the basis of other material and evidence, the involvement of such person (noticee) is revealed, the authorised officials can certainly proceed against him for his acts of commission or omission. In such a situation, at the stage of issue of summons, the person cannot claim protection under Article 20(3) of the Constitution. However, if his/her statement is recorded after a formal arrest by the ED official, the consequences of Article 20(3) or Section 25 of the Evidence Act may come into play to urge that the same being in the nature of confession, shall not be proved against him. Further, it would not preclude the prosecution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... FIR No. 02 2022 dated 05.02.2022 registered by V&AC, Theni under Sections 7, 13(c), 13(l)(d)(l), 13(l)(a) r/w 13(2) and 12 of P.C. Act, Sections 120(B), 167, 379, 409, 465, 468, 471, 477 r/w 109 of IPC and Sections 7, 8(1), 13(l)(a) r/w 13(2) and 12 of PC Act, as amended; (IV) FIR No. 68/2023 dated 25.04.2023 registered by Murappanadu Police Station, Thoothukudi District, under Section 449, 332, 302 and 506(2) of IPC, and since some of the offences of the said FIRs. are scheduled offences under PMLA, the same would be the investigation/proceeding under the PMLA, and the District Collectors or the persons to whom the summons are issued under Section 50(2) of the Act are obliged to respect and respond to the said summons. (Emphasis supplied) Evidentiary Value of Statements Recorded under Section 50 of PMLA: At the Stage of Consideration of Bail/Anticipatory Bail 30. In the case of Rohit Tandon v. Directorate of Enforcement (2018) 11 SCC 46, three-judge bench of the Hon'ble Apex Court has held that such statements are admissible in nature and can make out a formidable case about involvement of accused in the offence of money laundering. The relevant observations of the Hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 1 in prosecution complaint, Daud Nasir i.e accused no. 2 in prosecution complaint, and others. These transactions were mentioned at page nos. 92 to 103 of the diary under the heading, "2021 Sale Plot-12 Gj 17.09.2021 Sale for Zeeshan". 35. As per details mentioned in the diary, the total amount involved in the said transaction was about Rs. 36 crores out of which about Rs. 9 crores were paid by way of bank transactions and about Rs. 27 crores were paid through cash. Further, out of the said Rs. 36 crores, about Rs. 8.33 crores were paid directly by the present applicant, as reflected in the diary. 36. A table, depicting the transactions mentioned in the aforesaid white diary, as shown in the prosecution complaint, is drawn hereunder for reference: S. No. Name of the Persons Amounts transacted through Cash (in Crores) Amounts transacted through banking channel (in Crores) Total amount s (in Crores) 1. Amanatullah Khan 8.13 0.20 8.33 2. Zeeshan Haider 8.907 3.90 12.807 3. Daud Nasir 4.32 2.22 6.54 4. Yamin Ali Chaudhary 1.50 - 1.5 5. Nawab@ Nawab Ahmed 1.53 - 1.53 6. Sakib Bhai Jasola@ Squib Islam Khan 2.28 - 2.28 7. Third Parties P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as seized by the Directorate of Enforcement during the search, was the original agreement executed in respect of the properties in question, and the agreement submitted by the accused persons earlier was false and fabricated. Section 50 PMLA statement of Kausar Imam Siddiqui 42. Kausar Imam Siddiqui has disclosed in his statement recorded under Section 50 of PMLA that he knew the present applicant Amanatullah Khan for a long period of time and had come in close contact with him in January 2020 i.e. after he had joined Aam Aadmi Party. He has further disclosed that he was holding the position of Vice President of Ward No. 189 (AAP) in September-October 2021, and he used to manage the expenses, organize rallies, make transport arrangements, etc., on the instructions of the present applicant Amanatullah Khan and his associates including the relatives of Amanatullah Khan. 43. In his statement recorded under Section 50 of PMLA, Kausar Imam Siddiqui, has denied having any knowledge about sale agreement having consideration amount of Rs. 13.40 crores and rather, he has confirmed that the agreement having consideration amount of Rs. 36 crores was the genuine agreement and was executed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resent applicant, may be concealed. 48. Thereafter, bank account statement of Daud Nasir was also analyzed who had, as per the contents of the diary, paid Rs. 6.54 crores, out of which Rs. 2.2 crores were paid through bank and Rs. 4.32 crores were paid in cash. The bank account statement of his firm revealed that the gross total income of his firm in the year 2017-18 was only about Rs. 5-7 lacs and it was not possible for him to purchase land worth crores of rupees. 49. Bank statements of Zeeshan Haider were also scrutinized who, as per the contents of the diary, had paid Rs. 12.3 crores, out of which Rs. 3.40 crores were paid through bank and Rs. 8.90 crore were paid in cash. As per his balance sheets, his gross total income since the year 2014-15 was only about Rs. 3-4 lacs and about Rs. 10 lacs in the year 2019-20. His firm i.e. M/s. Sky Powers, which had entered into the sale agreement, had no income at all during the relevant period of time. Thus, it is the case of prosecution that with this level of income, it was also not possible for Zeeshan Haider to purchase the properties in question. It is also alleged that in the diary, Zeeshan Haider had put his signatures on the en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, which is not diligently pursued, would amount to a justification for not joining investigation despite repeated summons and notices being received from the law enforcement agency, will be a dangerous proposition. 56. In other words, if such an argument is accepted, it would also result in situations where a person so summoned would either file a petition before a Constitutional Court challenging the validity of a summon and then not join investigation citing the pendency of such petition before a Court of law which he even may or may not diligently pursue, or would file anticipatory bail applications, right from the Sessions Court till the Hon'ble Apex Court and then also not join investigation on this pretext, even if he is not granted any interim protection by any Court of law. Thus, legal strategies cannot be allowed to defeat the ends of justice and the rights of agencies to carry out investigation. 57. To give validity to this argument and the stand taken by the applicant before this Court, that despite issuance of six summons by the investigating agency, he will not appear before the agency but will wait till grant of anticipatory bail, will result in anarchy as an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.01.2024 Not Joined No reason cited. 3. 6.02.2024 9.02.2024 Not Joined Filed a Writ Petition for summon quashing on 07.02.2024. Later dismissed as withdrawn, as prayer was not pressed 4. 16.02.2024 19.02.2024 Not Joined Anticipatory Bail application filed. Replied on 19.02.2024 that anticipatory bail application is listed for hearing on 20.02.2024 5. 24.02.2024 26.02.2024 Not Joined Replied on 27.02.2024 that the anticipatory bail application of the applicant is reserved for orders on 01.03.2024. 6. 29.02.2024 04.03.2024 Not Joined No Reason Cited. 63. This Court wonders whether a person's plea of being busy with personal or official work can be a valid ground on several occasions to avoid summons on the ground that he is a public person. The answer in this Court's opinion has to be in the negative, since cooperating with investigating agency by a public figure too is public service, as the public is entitled to know from the legal representative about the allegations levelled by an investigating agency on the basis of statements of witnesses recorded under Section 50 PMLA which are in nature of judicial proceedings and admissible in law, and on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cluding cash amount of about Rs. 27 crores, which is the proceeds of crime generated by the applicant. The cause behind summoning the applicant, alongwith list of documents such as bank details of the applicant and his family members, details of properties, etc., is that the Directorate of Enforcement, as per the law of land, wants to first confront the applicant with the statements recorded under Section 50 of PMLA of his close associates and the contents of diary seized in the present case which reveal that he had paid an amount of Rs. 8 crores in cash towards the purchase of properties in question. 67. In a case where a person who has systematically and repeatedly avoided summons of the investigating agency, extending relief of grant of anticipatory bail to him, in face of prosecuting agency having been able to place on record prima facie material which needs to be confronted with the accused by joining investigation, involving allegations of money laundering and misuse of public money etc. which are serious in nature, will amount to trivializing the alleged offence and the attendant message to the public that there is no need to obey the law i.e. responding to the summons and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f an ECIR in a PMLA case and a complaint or an FIR in a case of a criminal offence. 73. Thus, a person in India has a fundamental right to liberty and life, and the shield of law remains available even to an accused against whom an offence is alleged and his liberty can be curtailed only, as per law. His right against arbitrary detention or arrest to be informed of specific offence, he is accused of, at appropriate stage of investigation, protection against self incrimination, presumption of innocence till held guilty, bail not jail being a rule etc. remain available to an individual who is suspected accused. However, in an attempt to ensure that fundamental rights remain available to a person as cited above, it does not mean that the right of the State to investigate an offence has to be sacrificed, which is for the larger interest of the country, State or community. BEYOND PRIVILEGE: UPHOLDING ACCOUNTABILITY OF PUBLIC FIGURES 74. This Court cannot allow a new jurisprudence or different sets of rules to prevail regarding investigation qua 'classes' & 'masses' by each time permitting an excuse or request that being a public figure, being an MLA, Chairman of the W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the actions of such public figures are observed closely by those they serve, often looking up to them for guidance and leadership. Thus, the applicant's failure to cooperate with the investigating agency sets a perilous precedent. EROSION OF TRUST: THE FALLOUT OF OBSTRUCTING JUSTICE 81. In this Court's opinion, repeated disobedience of summons of the investigating agency is equivalent to Obstruction of investigation-Obstruction of investigation is equivalent to obstruction of administration of justice-Obstruction of administration of justice is equivalent to Eroding trust and confidence in the criminal justice system-and eroding trust and confidence in the criminal justice system will lead to Anarchy and diminished respect for the rule of law. 82. Obstructing justice by not joining investigation is a hindrance in pursuit of justice. It is the right of an investigating agency and the State to pursue vigorously an investigation to the best of their ability, and further to conduct investigation fairly, independently, and objectively without any ill-will or enmity towards either the accused or the victim. Obstructing administration of justice, thus, thwarts the lawful a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irregularities, bribe, etc. often revolve around a dark cover of evidentiary complexities. Initially, the investigating agency was presented with a fabricated sale agreement, concealing the original document. However, a breakthrough occurred during a search conducted at the premises of one of the accused, Kausar Imam Siddiqui, who has ties to the present applicant/accused. 87. It is crucial to highlight the challenging nature of the investigative process, often shrouded in conflicting evidence. It is the process of investigation that permeates this dark cover of complexities. In light of this, it becomes imperative for all involved parties, including the accused, to actively engage in the investigation. However, despite being afforded numerous opportunities, amounting to six opportunities in the present case, the applicant consistently failed to cooperate with the investigation. Such non-compliance with investigative protocols cannot be overlooked by the Courts. When an accused repeatedly abstains from participation in the investigation, it not only hampers the progress of the investigation but also raises suspicions regarding their intentions. This Court is, therefore, compelled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; G. These proceeds of crime generated by the applicant were used in purchasing properties in the name of benamidars Zeeshan Haider and Daud Nasir. 89. Therefore, the material evidences so gathered during the course of investigation under PMLA revealed that the applicant Amanatullah Khan has acquired huge cash amounts, being the proceeds of crime out of criminal activities relating to his corrupt and illegal activities relating to illegal recruitment of the persons in Delhi Waqf Board, leasing out the properties of Delhi Waqf Board in unfair & illegal manner, misappropriation of Delhi Waqf Board funds including others while being the public servant i.e. Chairman of Delhi Waqf Board and MLA from Okhla Legislative Assembly of Delhi during the period from 2015 onwards. In order to launder the same, he had hatched a criminal conspiracy along with his close associates and others and in pursuant thereupon, he had invested his ill-gotten money i.e. proceeds of crime, in the immovable properties through his associates namely Zeeshan Haider, Daud Nasir and others. As alleged, he had purchased immovable properties in the name of benamidars i.e. Zeeshan Haider and Daud Nasir, both accused ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
