The Delhi High Court has granted bail to Wahidur Rahman, an activist of the banned Popular Front of India (PFI), in a money laundering case, rejecting the Enforcement Directorate's (ED) plea to deny bail. The court ruled that Rahman's participation in protests by PFI and its political affiliate, the Social Democratic Party of India (SDPI), cannot be a ground to deny bail under the Prevention of Money Laundering Act (PMLA).
Justice Anup J Bhambhani observed that the ED could only demonstrate a transaction of just over Rs 3 lakh being investigated, despite the agency's claim that the amount involved was Rs 32 crore. The court emphasized that incarcerating the accused for an indeterminate period would violate fundamental principles governing personal liberty.
The court also noted that Rahman's role in the allegations appeared limited. Regarding the accusation that he participated in protests against the ban on PFI and was allegedly involved in throwing a petrol bomb, the judge stated that these events occurred before PFI was declared an unlawful association. Therefore, such participation cannot be a determinative factor for denying bail in a PMLA prosecution, especially when the primary focus is on financial transactions.
Examining the charge of money laundering, the court found that Rahman was not perceived as occupying a central or commanding role in PFI or SDPI affairs during earlier phases of the investigation. The judge remarked that the proportion of Rs 3.15 lakh compared to Rs 32.94 crore is so minuscule that Rahman cannot be characterized as a significant agent of the alleged money-laundering operations.
The court further noted that Rahman has been in custody since March 20, 2025, while the case is still pending at the stage of arguments on charge. The bail order underscores the importance of personal liberty and the need for substantial evidence to justify prolonged detention in PMLA cases.
