ED Moves Delhi HC Against Order Releasing Amanatullah Khan

Amanatullah Khan

The Enforcement Directorate on Monday has approached the Delhi High Court to challenge a trial court’s decision not to accept its chargesheet against AAP MLA Amanatullah Khan in a money laundering case tied to alleged irregularities in the Delhi Waqf Board.

Justice Manoj Kumar Ohri asked the ED to present all relevant trial court orders. He emphasized the need for the ED to take a clear stance on the issue of sanction, noting that it must be addressed in a concrete manner, rather than simply mentioned as a ground in the petition.

“The issue of sanction is staring at you,” the judge remarked, warning that this would be contested.

The trial court had recently declined to proceed with the charges under the Prevention of Money Laundering Act (PMLA), citing a lack of the necessary sanction to prosecute Khan. The hearing for this case has been scheduled for January 13, 2025.

The ED’s counsel argued that the trial court had identified sufficient grounds to move forward with the case, after reviewing the prosecution complaint.

However, the court highlighted that before Khan could be summoned, the issue of sanction needed to be addressed. The ED referred to a Supreme Court ruling, stating that the absence of a sanction is a “curable defect” that could be rectified by seeking approval for prosecution.

The trial court had also noted that there were no grounds to continue Khan’s detention. On October 29, the ED filed a 110-page supplementary chargesheet accusing Khan of laundering money generated from alleged corruption in the Waqf Board.

The chargesheet also mentioned Mariam Siddiqui, but the court found no evidence against her and discharged her from the case.

The ED maintained that there was enough evidence to proceed with the prosecution of Khan and others involved. Khan was arrested on September 2, after ED officials conducted a search of his home in Okhla, Delhi. The agency claims that Khan was “evasive” during their questioning.

The money laundering investigation is based on two FIRs: one filed by the CBI regarding the Waqf Board irregularities and another by the Delhi Police’s anti-corruption unit concerning alleged disproportionate assets.