A Delhi court on Friday sent three persons arrested in a case related to alleged irregularities in the Delhi Waqf Board recruitments, which also involves AAP legislator Amanatullah Khan, to 14-day judicial custody till December 1.
The development comes after the court had granted the Enforcement Directorate (ED)’s request for custody of the accused Zeeshan Haider, Daud Nasir and Jawed Imam Siddiqui by a day on Thursday.
While the financial probe agency sought custody for six more days of the accused, special Judge Geetanjali Goel of Rouse Avenue Court had extended it by only one day.
On Friday, Advocate Nitesh Rana, appearing for the accused persons, opposed the agency’s application claiming that money trail is not established, and that there is no quantification of proceeds of crime.
He further said: “The arrest itself is illegal and against the mandate of Section 19 of the Prevention of Money Laundering Act (PMLA). Remand application deserves to be dismissed for lack of merit.”
On Thursday, Rana had argued that the ED had no fresh grounds to seek the extension of their custody.
On Monday, special judge Arvind Kumar had accepted the agency’s request for custody for three days.
On November 11, the court had rejected the ED’s request for their 14-day custodial interrogation.
The ED custody was sought to trace the proceeds of crime, determining the role of other accused persons who facilitated the offence of money laundering, confronting the accused persons with each other and other persons and in order to unearth the truth and to ascertain the complicity of key players involved in money laundering.
Last time, Rana had contended that the alleged proceeds of crime in no manner relate to scheduled offence. Advocate Nitesh Rana for Haider contended that he has already joined the investigation four times and the ED has arrested the accused illegally.
He had further contended that there is not sufficient material available with the ED for arresting the accused persons.
It was argued that giving evasive answers and non-cooperation cannot be grounds for arresting them.
Earlier, following Rana’s accusations of “illegal detention”, the judge had sent the accused to judicial custody until November 12.
Rana had claimed that the ED presented his clients after nearly 30 hours of detention, exceeding the 24-hour limit prescribed by law and my client has not dealt with proceeds of crime.
The case involves allegations that Khan, as the Delhi Waqf Board chairman, illegally recruited 32 people in violation of norms and government guidelines.
On Monday, on accused Nasir’s plea for the investigating agency to be directed to conduct the investigations under audio visual CCTV surveillance, the court had directed it to comply with the directions given in the said judgement of the Supreme Court in a certain case.
The judge had also directed that the accused persons be medically examined every 24 hours and the ED shall permit the counsels for the accused to meet them between 6 p.m. and 7 p.m. everyday till the next date of hearing.
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