Delhi Waqf Board
The ED on Monday has approached the Delhi High Court, challenging a trial court’s decision to reject its supplementary chargesheet in the Delhi Waqf Board money laundering case.
The trial court also ordered the immediate release of Aam Aadmi Party MLA Amanatullah Khan from judicial custody, citing a lack of necessary sanctions to proceed with the case.
During the hearing, the Delhi High Court raised concerns regarding the predicate offense and the issue of sanctions, as per the provisions of the Prevention of Money Laundering Act.
The court fixed January 13, 2024, for a detailed hearing and declined to issue an immediate notice.
Additionally, the court instructed the ED to submit the various orders passed by the trial court during its consideration of the chargesheet.
The ED argued that the trial court erred in releasing Khan without properly considering the requirements of Section 45 of PMLA, which governs bail and other procedural safeguards. The ED also pointed out that the trial court could have addressed the issue of cognizance during the bail hearing but chose to release Khan without evaluating the charges or confirming whether the necessary sanctions were obtained.
On November 14, the trial court rejected the ED’s supplementary chargesheet against Amanatullah Khan, which had been filed on October 29.
The chargesheet alleged that Khan laundered money generated through corrupt practices within the Delhi Waqf Board. While the trial court acknowledged the evidence against Khan, it ruled that there was no sanction to prosecute him.
The case alleges that, during his tenure as chairman of the Delhi Waqf Board, Khan illegally recruited individuals in violation of government norms and guidelines.
The ED claims that Khan used the proceeds from these illegal recruitments to purchase immovable assets in the names of his associates.
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