The Delhi HC passed a order on 1st march,2023. This was seen in the case of CBI vs Amanatullah Khan 53/2022 and the case was presided over by Hon’ble Special Judge MK Nagpal
FACTS OF THE CASE:
The CBI is investigating the alleged irregularities in recruitments to the Delhi Waqf Board headed by Khan. The First Information Report (FIR) in the case was registered on November 23, 2016, under Section 120-B of the Indian Penal Code, and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act.K
Khan was alleged to have engaged in corrupt and illegal practices by appointing retired Indian Police Service (IPS) officer Mahboob Alam as the Chief Executive Officer (CEO) of the Delhi Waqf Board and his relatives and associates to various contractual or daily wage positions on the Board.
The CBI alleged that these appointments were made in collusion with others as part of a criminal conspiracy. This was done without following due process of law and through misuse and abuse of official positions, it was further alleged.
A Delhi court on Wednesday granted bail to Aam Aadmi Party (AAP) Member of Legislative Assembly (MLA) and Chairman of the Delhi Waqf Board (DWB) Amanatullah Khan and 10 others who were accused by the Central Bureau of Investigation (CBI) of making illegal appointments to the Board.
The Court, keeping in mind principles laid down by the apex court and various High Courts, observed that the liberty of an accused is of paramount consideration and his constitutional right to life and liberty is required to be protected and safeguarded while considering the question of grant of bail to him.
“Moreover, non-arrest of the accused during the investigation is an important or prime factor that has to be taken into consideration while considering the question of grant of bail,” the Court observed.
The judge remarked that since the investigation had been ongoing for six years and the Investigating Officer had not arrested any of the applicants during this time, the CBI had no right to oppose the bail applications. Further, the Court highlighted that no allegation of demand, payment or acceptance of money was made.
Hence, the Court granted bail to the accused, reasoning that further investigation might take time to conclude and that no purpose would be served by keeping the accused behind bars.
Khan is already on bail in the Anti Corruption Bureau (ACB) case related to the same issue.
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Order reviewed by Drishti verma