New Delhi: The Delhi High Court on Wednesday granted bail to three members of banned organisation Popular Front of India (PFI)'s Delhi unit in an alleged money laundering case connected to the collection of funds for illegal activities. Justice Jasmeet Singh granted the relief to Parvez Ahmed, Mohd Ilyas and Abdul Muqeet, prime facie observing that the offence under the Prevention of Money Laundering Act (PMLA) was not made out against them.
The court further observed, "Learned counsels for the petitioners have rightly pointed out that in the present case, collection of funds precedes the crime, i.e., Delhi riots. The proceeds of crime has to be generated as a result of criminal activity (scheduled offence). The collection of funds in an illegal way to commit a scheduled offence in future is not an offence of money laundering under PMLA."
Ordering the release on bail, the court held, "The twin conditions of Section 45 have been met. The special counsel for ED has been given an opportunity to oppose the bail applications. Prima facie, I am of the view that the offence of money laundering is not made out against the petitioners herein."
The enforcement directorate (ED) registered the case in September 2022 following an FIR by the national investigation agency (NIA) under provisions of the IPC and Unlawful Activities (Prevention) Act against PFI and its members. While accused Ahmed was the president of Delhi state unit of PFI from 2018 to 2020, Ilyas was the general secretary since November 2018 and Muqeet was the office secretary since 2017.
All the petitioners were arrested on September 22, 2022 in the case. ED alleged that the petitioners were actively involved and instrumental in raising funds for PFI as part of a "larger criminal conspiracy" and to use it for nefarious activities in India. It was claimed the PFI conducted anti-CAA protests across India and there was a flow of cash from suspicious sources in the form of proceeds of crime to disturb communal harmony and incite violence through riots.
Observing the ED put the cart before the horse, the judge said "proceeds of crime" was the "result" of a criminal activity and collection of funds might be an offence under any law, but could not be covered under the PMLA. "On perusing the complaint, there is no evidence to show that any scheduled offence has been committed. It is stated that the petitioners participated in the anti-CAA protests in Delhi which culminated in Delhi riots," said the court.
The court further said the petitioners had suffered "substantial period of incarceration" of over two years and there was no likelihood that the trial would be concluded in the near future. In the present case, the court said, the matter was at the stage of supply of documents before the trial court and charges were yet to be framed, with more 180 prosecution witnesses and 456 relied upon documents and lakhs of pages of digital evidence.
"Special statutes have stringent conditions for grant of bail but they should not become means to detain the accused without there being any possibility of concluding the trial expeditiously. Merely charging an accused person under the provisions of these special statutes should not become a punishment in itself which violates Article 21," the court said.
The court ordered the petitioners to furnish a personal bond of Rs 50,000 each with one surety in the like amount and directed them to join the investigation and not leave the country without permission.
