TMI Blog2024 (4) TMI 718X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 agen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... right of accused 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. r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g 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. 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. - HON'BLE MS. JUSTICE SWARANA KANTA SHARMA For the Appellant : Mr. Kapil Sibal, Senior Advocate with Mr. Rajat Bhardwaj, Mr. Adit S. Pujari, Mohd. Irshad, Mr. Kanish Raj, Mr. Kaustubh Khanna, Mr. Rishikesh Kumar, Ms. Roopali, Advocates For the Respondent : Mr. Zoheb Hossain, Special Counsel for ED with Mr. Manish Jain, SPP, Mr. S. Benjamin, SPP, Mr. Vivek Gurnani, Mr. Kartik Sabharwal, Mr. Kanishk Maurya, Mr. Vivek Gaurav and Ms. Pranjal, Advocates JUDGMENT SWARANA KANTA SHARMA, J. 1. By ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... B 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, Hamid Ak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aryaganj, 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, accused no. 2 Daud Nasir, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come 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 launder the proceeds of crime of the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tablish 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 any money is stated to have been effected from an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceeds 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 Constituency as well as he had to attend certain important mee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ummon 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 mitigating any concerns regarding flight risk. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 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 crores, stating that he had not witnessed it as a middleman in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry 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 first and foremost thing that the court hearing an anticipatory bail application should co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 conditions as may be prescribed. (2) The limitation on granting of bail specified in sub-section (1) is in addition to the limitations under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aundering 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 measures to combat the menace of money-laundering. *** 400. It is important to note that the twin conditions provided under Section 45 of the 2002 Act, though restrict the right of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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 Section 45 of the PMLA Act must get triggered - although the application is under Section 438 of Code of Criminal Procedure. 25. In Vijay Madanlal Choudhary (supra) also, the Hon'ble Apex Court had dealt with the argument of non-application o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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). Once the rigour under Section 45 of the Act, 2002 shall be applicable the impugned judgment and order passed by the High Court granting anticipatory bail to respondent No. 1 is unsustainable. Adjudication of Anticipatory Bail in cases of Money Laundering 27. In cases under PMLA, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 person. We fail to understand as to how Article 20(3) would come into play in respect of process of recording statement pursuant to such summon which is only for the purpose of collecting information or evidence in respect of proceeding under this Act. Indeed, the person so summoned, is bound to attend in person or through authorised agent and to state truth upon a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 from proceeding against such a person including for consequences under Section 63 of the 2002 Act on the basis of other tangible material to indicate the falsity of his claim. That would be a matter of rule of evidence. 21. It is apparent from the reading of Section 50 of PMLA as well as decision in Vijay Madanlal Choudhary (supra) that the power conferred upon the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 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'ble Apex Court are as under: 31....The prosecution is relying on statements of 26 witnesses/accused already recorded, out of which 7 were considered by the Delhi High Court. These statements are admissible in evidence, in view of Section 50 of the Act of 2002. The same makes out a formidable case about the involvement of the appellant in commission of a serious offence of money laundering. It is, ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bout 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 Payment - 2.2293 2.5 8. Name not mentioned 0.10 Tota l 26.767 8.63 35.38 Execution of Sale Agreements of properties in Question 37. As regards the properties in question, it is the case of prosecution that the properties i.e. Plot nos. 275 and 276, TTI, Tikona Park, Jamia Nagar, New Delhi were owned by Jawed Imam Siddiqui in the name of his wife Ayesha Quamar and these properties were transferred to Zeeshan Haider and Daud Nasir, close associates of the present applicant, in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 at the time of sale of the properties in question, and that he was a witness to the same agreement. 44. Kausar has also admitted the contents mentioned in the white diary, which was seized during the investigation in the present case by the ACB of Delhi Police, and further that the content written in the diary qua the transaction in question was written by him in his own handwriting. It was also disclosed by him that he had noted the financial transactions in the white diary including the transact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er 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 entries of the entire transaction of Rs. 36 crores pertaining to the properties in question. 50. As per the diary, one Saquib Islam Khan had paid an amount of Rs. 2.28 crores to Jawed Imam Siddiqui. However, during investigation, Kausar Imam Siddiqui had disclosed that Saquib was either close relative or close associate of the present applicant and Kausar Imam Siddiqui had collected Rs. 2.28 crores in cash from Saquib on the instruction of present applicant and settled the same as per directions of Jawed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 any person who is summoned and asked to join investigation, would take a stand that till anticipatory bail is not granted by a Court of law, he will not join investigation too. 58. 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 the basis of evidence collected during investigation. 64. As a public servant i.e. a person who is in service of public, especially the one who professes that his whole life is for public service, he should have cooperated with the investigation. Moreso, since the allegations are also of misuse of public funds to his own use by purchasing properties through his associates as well as other irregularities committed by him as Chairman of the Delhi Waqf Board, it becomes crucial that he joins and cooperates with investigation. 65. This Court notes that the Direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es 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 joining investigation which is a requirement of law. 68. To allege institutional bias without any evidence, through the use of words the applicant is being victimized , to tarnish the image of applicant , ED is targeting innocent people on the basis of a concocted story , despite the fact that the accused himself has failed to join investigation repeatedly, without any material in support whereof, does not reveal any form of systematic discrimination or targeting. Non-joining of investigation on this ground therefore, cannot be held in the favour of the applicant/accused since the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... empt 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 Waqf Board and being busy with some activities of his constituency, he could not appear before the investigating agency. 75. Being a public figure in politics, he is essentially first and foremost in the public service and it is natural that he would have at all times, something or the other happening in his constituency. It is for the public figure to find time and appear before the investigating agency, when so required as per the law, since the investigating agencies are also working for the State itself and are working towards public service being public servants. 76. Even the lawmakers should know that disobeying the law will ge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing 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 authority of an investigating agency and hampers the legitimate investigative process. 83. The law is enacted to serve public interest by promoting accountability of a citizen to the law and in case of accountability of a public servant to the community at large and to the State. The negatively impacting facts on the community at large by holding such conduct to be legitimate despite disobedience of repeated summons by an investigating agency will send a message to public that non-compliance of repeated summons i.e. almost six summons without a valid excuse would not invite ire of law. It will also compromise future investigations by the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uding 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 to consider the conduct of the applicant in light of his persistent refusal to engage in the investigative process. 88. Reverting to the merits of the case, this Court has taken note of the material placed by the investigating agency and the investigation conducted so far, which has revealed the following crucial facts, concerning the role of present applicant: A. The seizure of diary by the investigating agency which reveals that the properties in question were purchased for about Rs. 36 crore out of which Rs. 27 crores were paid in cash, and out of the total amount of Rs. 36 crores, an amount of Rs. 8.33 crores was paid by the present applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 persons, 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 the applicant Amanatullah Khan out of his corrupt and illegal activities relating to the offences scheduled under PMLA. 90. Thus, 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. 91. Further, the applicant despite being summoned on six occasions till date, has not joined i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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