Al-Falah chairperson’s reply sought on ED plea against bail

The court said, “Interim bail on medical grounds is a legal concept that allows a prisoner to be released from jail on medical grounds of his family members, particularly in the case of his wife.”

The Delhi high court on Thursday issued notice on a petition by the Enforcement Directorate (ED) challenging a trial court order granting two-week interim bail to Al-Falah University chairman Jawad Ahmed Siddiqui in a money-laundering case linked to the Delhi Red Fort blast.

The university came under scrutiny during investigations into a suspected “white-collar terror” network.

A bench of justice Saurabh Banerjee sought Siddiqui’s response and fixed March 19 as the next date of hearing.

The trial court on March 7 had granted two weeks’ interim bail to Siddiqui, citing his wife’s medical condition. Additional sessions judge (ASJ) Sheetal Chaudhary Pradhan of Saket courts allowed the relief after noting that Siddiqui’s wife required care and support at home.

The court said, “Interim bail on medical grounds is a legal concept that allows a prisoner to be released from jail on medical grounds of his family members, particularly in the case of his wife.”

The ED challenged this decision before the high court. ED’s lawyer and special counsel Zoheb Hossain submitted that the trial court’s order was perverse as bail was granted without considering Siddiqui’s antecedents and the fact that terrorists involved in the blast were connected to him and had directly worked with him.

Hossain further submitted that the judge failed to consider the twin conditions prescribed under Section 45 of the Prevention of Money Laundering Act (PMLA).

He argued that the illness of a relative, including that of the accused’s wife, does not fall within the exceptions provided under the proviso to Section 45 for the grant of bail. Section 45 requires courts to conclude that the accused is not guilty of the offence and is not likely to commit any offence while on bail.

He added that the alleged proceeds of crime in the case amounted to ₹494 crore, of which the agency has so far traced only ₹144 crore. Hossain contended that the accused’s release could lead to tampering with witnesses, particularly university employees.

Hossain further argued that apart from Siddiqui, his brother and sister also live nearby and could take care of his wife, and therefore there was no compelling necessity warranting his release on bail. He also said the trial court refused to consider that Siddiqui is accused of destroying digital evidence.

He further submitted that though Siddiqui remained in jail, the trial court’s order was being cited by him to seek regular bail in other cases, which was listed on Wednesday and then deferred to Thursday.

Siddiqui’s lawyers Arshdeep Singh Khurana and Vikram Chaudhary opposed the petition, calling it an “abuse of the process of law”.

“Man (Siddiqui) was not involved in any way with the scheduled offence. He is a respectable academic of the country. He joined whenever he was called for investigation,” Chaudhary said.

Chaudhary assured the court that his client would not press for regular bail in the other cases and would seek adjournments in those matters.

The university came under scrutiny during investigations into a suspected “white-collar terror” network. The National Investigation Agency (NIA) and Jammu and Kashmir Police earlier arrested two doctors associated with the institution, Muzammil Ahmad Ganaie and Shaheen Saeed.

The ED arrested Siddiqui last November in connection with a money-laundering case linked to institutions run by him under the Al-Falah Charitable Trust, following an investigation and analysis of evidence gathered during searches conducted at premises linked to the Al-Falah group in a case registered under the PMLA.

The ED’s probe was based on FIRs registered by the Delhi Police crime branch alleging the university made fraudulent claims of National Assessment and Accreditation Council (NAAC) accreditation to mislead students, parents and other stakeholders for wrongful gain.

The agency filed a charge-sheet against Siddiqui in January and attached assets worth ₹139 crore, including 54 acres of land within the Al-Falah University campus.