Delhi Waqf Board recruitment case: AAP MLA Amanatullah Khan, 10 others granted bail in CBI case

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. [CBI vs Amanatullah Khan].Special Judge MK Nagpal determined that further investigation in the matter might take a long time to conclude, and that no purpose would be served by keeping the accused behind bars..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.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..Counsel for the bail applicants argued that all the accused were falsely implicated in the case, and that all the appointments were made following due procedure. It was contended that the case was filed by the CBI with ulterior motives to harass Khan and defame his party.The Court was told that some of the appointments were to contractual posts with meagre salaries, and that the accused did not derive any undue benefit due to being granted such posts. It was also vehemently argued that no bribes were paid or received for securing the jobs.The bail applicants further argued that they had duly joined the investigation once they were summoned by the CBI and had not been arrested during the course of the investigation. As such, they were entitled to be released on bail, the Court was told.Counsel for former IPS officer Alam stated that the allegations were baseless and that no allegation of bribery was made by the prosecution against him. He also underscored that Alam was a retired IPS officer with an unblemished career track record..On the other hand, the Special Public Prosecutor appearing for the CBI opposed bail by stating that Khan and Alam had misused their official positions to cause a loss of ₹27,20,494 to the exchequer of the Delhi government. Hence, he contended that although there was no allegation of demand of acceptance or bribe, there was sufficient evidence to prove their guilt..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..The CBI was represented by Special Public Prosecutor Pankaj Gupta.Advocates Dilshad Ali, Shahryar Khan, and Wajeeh Sahfiq appeared for the accused applicants..[Read Order]