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The Madras High Court has granted conditional bail to expelled DMK functionary Jaffer Sadiq and his brother Mohamed Saleem in a money laundering case investigated by the Enforcement Directorate (ED), linked to a massive drug trafficking operation. The court cited prolonged detention and the completion of investigation as key reasons for granting relief.
Justice Sunder Mohan, who pronounced the order on Monday, noted that continued incarceration of the accused would infringe upon their fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution.
Jaffer Sadiq was arrested by the ED on June 26, 2024, from Tihar Jail, where he had been in judicial custody following his earlier arrest by the Narcotics Control Bureau (NCB) in March. The NCB had accused him of playing a key role in the smuggling of 3,500 kg of pseudoephedrine, valued at over ₹2,000 crore.
ED’s investigation completed
While granting bail, the court pointed out that the ED’s investigation was complete, the alleged proceeds of crime had been attached, and a complaint had already been filed. “Prolonged pre-trial detention is anathema to the Constitution,” Justice Mohan remarked, adding that the trial was unlikely to conclude soon, as summons were still pending for several of the accused.
The court imposed strict bail conditions: Sadiq and Saleem must execute personal bonds of ₹5 lakh each with two sureties of equal amount. They are required to surrender their passports, appear regularly before the trial court, and refrain from contacting witnesses, tampering with evidence, or changing their mobile numbers without prior permission.
There are 20 accused in the case, and the prosecution has listed 19 witnesses. The court also highlighted that the alleged offences dated back to 2015, and both petitioners had been in custody since mid-2024. Citing the Supreme Court’s judgment in the KA Najeeb case, the court observed that constitutional courts can ease bail restrictions when there is a clear violation of personal liberty under Article 21.
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