Waqf case: Delhi HC seeks Amanatullah Khan's response on ED plea

New Delhi, Feb 13 (PTI) The Delhi High Court on Thursday asked AAP MLA Amanatullah Khan to respond to a ED plea against him in a money laundering case connected to Delhi Waqf Board.

Justice Vikas Mahajan issued notice to the Okhla MLA and posted the hearing on March 21.

The judge asked the trial court to defer its proceedings till the matter was heard in the high court after the ED counsel said the matter was scheduled to come up on February 14.

The court also issued notice to Khan's wife, who was chargesheeted in the case as well.

The trial court on November 14, 2024 declined to take cognisance against Khan for the alleged offence of money laundering under the Prevention of Money laundering Act, citing absence of requisite sanction under Section 197 of Code of Criminal Procedure to prosecute him. The provision prescribes for a prior sanction to prosecute public servants.

Khan has been accused of generating proceeds of crime by illegally leasing out Waqf properties and making illegal appointments in lieu of bribes.

ED argued the order was passed without giving the agency an opportunity to address the issue of the alleged lack of sanction, which was a curable defect.

He asserted Khan's offence was not in the official discharge of duty and in any case, the competent authority gave a "broad" sanction at the time of approving his prosecution for the predicate offence of corruption.

The sanction, he added, was also for "any other offence under any other law", which subsumed the offence of money laundering.

The ED's lawyer also objected to the direction to release Khan from custody, not in a bail proceedings but while examining the issue of cognisance.

The trial court had already taken cognisance of the money laundering offence in the first chargesheet and therefore it ought to have only issued summons to the new accused in the supplementary chargesheet, he said.

The ED on October 29, 2024 filed a 110-page first supplementary chargesheet, alleging Khan had laundered money which was purportedly generated through corruption in the Delhi Waqf Board.

He was arrested on September 2, 2024 under the provisions of the PMLA by the ED, which conducted a search at his house in Delhi's Okhla area.

Khan was accused of being "evasive" when questioned by the probe agency.

The money laundering probe against him stems from two FIRs -- the CBI's case in connection with alleged irregularities in the Waqf Board and an alleged disproportionate assets case registered by Delhi Police's anti-corruption unit. PTI ADS AMK

Source: PTI