Madras High Court grants bail to expelled DMK member in ED money laundering case
The Madras High Court on Monday granted conditional bail to expelled DMK functionary Jaffer Sadiq, who was arrested by the Enforcement Directorate (ED) in a money laundering case linked to a major drug smuggling operation.Justice Sunder Mohan also granted bail to Sadiq's brother, Mohamed Saleem, observing that further incarceration would violate their right to life and personal liberty under Article 21 of the Constitution.advertisementThe ED had arrested Sadiq on June 26, 2024, from Tihar Jail, where he was in judicial custody following his March arrest by the Narcotics Control Bureau (NCB). The NCB had accused him of involvement in the smuggling of 3,500 kg of pseudoephedrine, estimated to be worth over Rs 2,000 crore.
Granting them bail, the court noted that the investigation in the ED case was complete, the properties allegedly acquired through crime had been attached, and the complaint had been filed. 'Prolonged pre-trial detention is anathema to the Constitution,' the judge remarked, adding that the trial was unlikely to conclude anytime soon due to pending summons and multiple accused.The court laid down strict bail conditions: both Sadiq and Saleem must execute bonds of Rs 5 lakh each with two sureties of like amount, surrender their passports, and regularly appear before the trial court. They were barred from contacting witnesses, tampering with evidence, or changing mobile numbers without prior intimation.advertisementThe judge further noted that there were 20 accused in the case, and 19 witnesses had been cited by the prosecution.'Even according to the ED, the alleged offences date back to 2015. The petitioners have been in custody since June and August 2024, and the trial is nowhere near completion,' the court observed.Quoting the Supreme Court's ruling in the KA Najeeb case, the judge said the constitutional courts could dilute the rigours of bail restrictions when there was a clear infraction of Article 21.Must Watch
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