Delhi HC denies bail to two accused in Delhi Waqf Board money laundering case

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The Delhi High Court dismissed the bail applications of Zeeshan Haider and Daud Nasir. Both are accused in Rs 36 crore property cases related to the Delhi Waqf Board Money laundering case. The High Court said that the cash amount paid by Zeeshan Haider and Daud Nasir may be the proceeds of crime generated by AAP MLA Amanat Ullah Khan.

Justice Swarana Kanta Sharma dismissed the bail applications of Zeeshan Haider and Daud Nasir after considering the facts and circumstances of the case. They had moved applications under section 45 of PMLA seeking regular bail in the matter. Justice Swarana Kanta Sharma said that the material brought before this court at this stage issufficient to attract the bar under Section 45 of PMLA on both applicants.

"Considering the aforesaid facts and circumstances, this Court does not find it a fit case for grant of regular bail to the present applicants Zeeshan Haider and Daud Nasir," Justice Swarna Kanta Sharma said. While dismissing bail pleas, Justice Swarana Kanta Sharma noted, "These transactions, related to the property in question, were both in cash and through banking channels, totalling approximately Rs 36 crores."

"The seizure of the diary by the investigating agency reveals that the properties in question were purchased for about Rs 36 crores out of which Rs 27 crores were paid in cash out of the total amount of Rs. 36 crores," Justice Sharma said in the judgement passed on July 1.

The bench also said that furthermore, the recovery of one sale agreement which shows the sale consideration as Rs. 36 crores, as against one alleged false and fabricated agreement shows the sale consideration of Rs. 13.40 crore had been allegedly prepared to conceal the proceeds of crime and misguide the investigating agencies.

The High Court noted in the judgement that the bank account statements of the sellers of the properties in question, prima facie corroborate the factum of the sale agreement having consideration of Rs 36 crores being genuine and the agreement having Rs 13.40 crores as sale consideration being false and fabricated.

It is also noted that the bank account statements of purchasers Zeeshan Haider and Daud Nasir had purportedly paid money, which reflects that the cash amounts paid by both the applicants may be the proceeds of crime generated by Amanatullah Khan as a result ofoffence related to the scheduled offence.

"Therefore, the material evidence gathered during the investigation by the Directorate of Enforcement reveals that Amanatullah Khan had hatched a criminal conspiracy along with his close associates i.e., the present applicants/accused and others and under the same, 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," Justice Swarna Kanta Sharma said.

Justice Sharma further said that as alleged, Amanatullah Khan had purchased immovable properties in the name of benamidars i.e. the present applicants Zeeshan Haider and Daud Nasir, by concealing and suppressing their actual value which is very nominal in comparison to their actual sale value and actively concealed amounts that were paid in cash to the seller, which are the proceeds of crime acquired by Amanatullah Khan out of his corrupt and illegal activities relating to the offences scheduled under PMLA.

The High Court also raised a finger on the conduct of Daud Nasir while getting interim bail. The court said that it is of the opinion that the accused Daud Nasir has misled the court by misrepresenting the need for interim bail, which was granted based on the necessity of a major surgery at Fortis Hospital.

"Thus, the conduct of the applicant Daud Nasir is doubtful and this Court thinks if the applicant Daud Nasir if released on bail, may misuse the liberty and may attempt to tamper with evidence or influence witnesses," the High Court said.

It was argued by the Enforcement Directorate (ED) that the conduct of Zeeshan Haider in theconcealment of the proceeds of crime, through the forgery of a document, clearly demonstrates that he has knowingly assisted Amanatullah Khan and his associates, Daud Nasir and others, in the transaction involving the sale of the properties in question.

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