Delhi Court Denies Al Falah Chairman's Request for Unrelied Documents in ED Probe
A Delhi court on Friday dismissed a plea filed by Al Falah Charitable Trust chairman Jawad Ahmad Siddiqui, who sought the list of unrelied documents from the Enforcement Directorate (ED). The court ruled that such disclosure cannot be permitted at the pre-cognisance stage while the investigation remains ongoing.
Defence Arguments for Full Disclosure
During the proceedings, Siddiqui's defence team argued that he had been provided with the prosecution complaint and relied-upon documents (RUDs), but not the list of unrelied documents. The counsel emphasized that complete disclosure is essential to ensure a fair trial under Article 21 of the Constitution and to enable the accused to exercise his rights under Section 91 of the Criminal Procedure Code (CrPC), particularly with bail applications pending.
The defence relied on the precedent set in the Sarla Gupta vs Directorate of Enforcement, 2025 case, contending that the list of unrelied documents should be provided even at the pre-cognisance stage to uphold legal transparency and procedural fairness.
Prosecution's Opposition to the Plea
Opposing the plea, special public prosecutor Simon Benjamin argued that Siddiqui had been summoned under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). At this stage, he asserted, only documents relied upon by the prosecution are required to be furnished. Benjamin warned that supplying unrelied documents prematurely could prejudice the ongoing investigation, potentially compromising its integrity and effectiveness.
Court's Observations and Ruling
After hearing arguments from both sides, the court observed that the accused had already been provided with the prosecution complaint along with all relied-upon documents. It held that at the pre-cognisance stage, the list of unrelied documents is not required to be disclosed, noting that such disclosure could adversely affect the probe by revealing sensitive information or investigative strategies.
Finding no merit in the plea, the judge, identified as Chaudhary, dismissed the application, reinforcing the legal principle that investigative processes must be protected during active probes to maintain their efficacy and fairness.
Background of the Case
Jawad Ahmad Siddiqui was arrested by the ED in November 2025 in connection with a money laundering case linked to alleged cheating of students enrolled in institutions run by the Al Falah Charitable Trust. The investigation is based on two Delhi Police First Information Reports (FIRs), which accuse the trust of making false claims regarding accreditation from the National Assessment and Accreditation Council (NAAC) and the University Grants Commission (UGC).
Furthermore, the probe alleges that approximately Rs 415.1 crore was diverted for personal use between 2018 and 2025, highlighting significant financial misconduct and potential exploitation of educational systems. This case underscores ongoing efforts by enforcement agencies to address corruption and fraud in the education sector, with implications for regulatory oversight and student welfare.
