Delhi HC Denies Bail to Two Accused in Delhi Waqf Board Money Laundering Case

Delhi HC Denies Bail to Two Accused in Delhi 

Waqf Board Money Laundering Case

The Delhi High Court has dismissed the bail applications of Zeeshan Haider and Daud Nasir, both accused in the Rs 36 crore property case related to the Delhi Waqf Board money laundering case. The court found sufficient evidence to deny bail under Section 45 of the Prevention of Money Laundering Act (PMLA).

Key Details of the Case

Justice Swarana Kanta Sharma, while dismissing the bail applications, noted that the cash transactions involved in the property deals could be proceeds of crime generated by Aam Aadmi Party (AAP) MLA Amanatullah Khan. The properties in question were reportedly purchased for approximately Rs 36 crores, with Rs 27 crores paid in cash. The court emphasized that the evidence presented, including bank statements and sale agreements, corroborated these findings.

The court highlighted that the applicants were part of a criminal conspiracy to invest ill-gotten money in immovable properties. The evidence suggested that these properties were purchased in the names of benamidars to conceal their actual value and suppress the proceeds of crime.

Justice Sharma also raised concerns about the conduct of Daud Nasir, who had previously misled the court to obtain interim bail. This behavior suggested a risk of tampering with evidence or influencing witnesses if released on bail.

What is the Waqf Board?

The Waqf Board is a statutory body in India that manages waqf properties—assets given or bequeathed for religious or charitable purposes in Islam. These properties are intended to support religious, educational, or welfare activities within the Muslim community.

Constitutional Provisions and Amendments

The Waqf Board operates under the Waqf Act of 1995, which was enacted to consolidate and amend the laws relating to waqfs. This Act replaced earlier waqf legislation, aiming to provide a comprehensive legal framework for the administration and supervision of waqf properties.

In 2001, the government introduced significant amendments to the Waqf Act, further enhancing the powers and functions of the Waqf Boards. These amendments were aimed at ensuring better management and protection of waqf properties.

Reasons for Ambiguity and Controversy

The Waqf Board has often been in the limelight due to issues of corruption, mismanagement, and legal ambiguities surrounding waqf properties. The complexity arises from the nature of waqf properties, which are intended to be inalienable and perpetually dedicated to charitable purposes. This can lead to disputes over the management and use of these properties.

Moreover, the lack of clear guidelines and oversight has sometimes resulted in allegations of misappropriation and illegal transactions involving waqf assets. The case involving Zeeshan Haider, Daud Nasir, and Amanatullah Khan is a recent example of such controversies, highlighting the need for stringent regulations and transparency in the administration of waqf properties.

Conclusion

The denial of bail to Zeeshan Haider and Daud Nasir in the Delhi Waqf Board money laundering case underscores the seriousness of the allegations and the court's commitment to addressing financial crimes. The case also brings to light the broader issues of governance and transparency within the Waqf Board, necessitating ongoing reforms and oversight.