NEW DELHI: A Delhi court on Friday dismissed a plea by Al-Falah group chairman Jawad Ahmad Siddiqui seeking documents not relied upon by the Enforcement Directorate (ED) in its chargesheet, noting that the case is still at the pre-cognizance stage and the investigation remains ongoing.
Additional Sessions Judge Sheetal Chaudhary Pradhan was hearing an application moved by the counsel for the accused seeking a list of additional documents not relied upon by the ED in the chargesheet, but were nevertheless seized during the investigation.
“I do not find any merit in the submissions made on behalf of the accused, and the list of unrelied documents cannot be given at the stage of pre-cognizance and more so considering that the investigation in the present matter is still pending and the same may cause prejudice to the investigation in progress,” said the judge in an order dated March 27.
In November 2023, the ED arrested Siddiqui on money laundering charges linked to the cheating of students enrolled in the educational institutions run by his Al-Falah Charitable Trust. The ED had earlier launched an investigation under the Prevention of Money Laundering Act (PMLA).
The counsel for the accused sought a list of additional seized documents to ensure full disclosure of all material in the case and to guarantee his right to a fair trial under Article 21.
He submitted that although the accused was granted interim bail on March 7, he remained in the custody of the Crime Branch of the Delhi Police in two separate matters. With his bail applications still pending, the counsel sought information about the additional seized documents to determine if there is any exculpatory evidence which could be filed for the pending bail applications.
The defence counsel placed heavy reliance on the 2023 Supreme Court judgment on Tarun Gupta and Anr. vs ED to substantiate his argument that accused are allowed to access even the seized documents not relied upon by the ED, owing to their right to defend themselves during bail proceedings under the PMLA, where the burden of proof is placed on the accused.
Opposing the plea, the counsel for the prosecution argued that the accused has already been provided with all documents relied upon in the chargesheet, and that disclosure of unrelied documents is permissible only at the post-cognizance stage, in line with the 2023 apex court judgment. He also argued that the investigation is still pending and that disclosing such material at this stage may cause prejudice to the ED.
The judge agreed with the prosecution, as she said, “The accused… has been supplied with the entire prosecution complaint alongwith relied upon documents. More so, at the pre-cognizance stage, the list of unrelied documents is not required to be provided”.
She disposed of the plea and listed the matter for arguments on the consideration of the ED’s chargesheet on April 29.
