Delhi’s Rouse Avenue court on Thursday ordered the release of Aam Aadmi Party MLA Amanatullah Khan in a money laundering case related to irregularities in the Delhi Waqf Board.
Despite sufficient evidence to move forward with charges, Special Judge Jitendra Singh highlighted a lack of formal sanction to prosecute, thus preventing the case from proceeding.
The court’s decision follows the filing of a 110-page chargesheet by the Enforcement Directorate (ED) on October 29, accusing Khan of laundering funds connected to corrupt activities in the Waqf Board.
The court directed his release on a Rs 1 lakh bond, noting that while the ED’s case appears compelling, prosecution authorization is required. Additionally, the court declined to formally acknowledge the charges against Khan, citing procedural deficiencies. Khan’s co-accused, Mariam Siddiqui, was discharged due to insufficient evidence.
Khan, who was arrested on September 2 following a raid at his Okhla residence, has been in judicial custody, extended multiple times, with the current period ending on November 16. The ED reported that Khan’s responses during questioning were evasive, prompting further inquiry under the Prevention of Money Laundering Act.
The court had also reserved its decision on Wednesday regarding the ED’s supplementary chargesheet against Khan and Siddiqui. The ED argued that releasing Khan could hinder the investigation and potentially lead to witness tampering.
The ED’s investigation links Khan’s alleged activities to two additional cases: a CBI probe into Waqf Board irregularities and a Delhi Police Anti-Corruption Branch inquiry into disproportionate assets.
The agency asserts it has gathered considerable evidence to support charges against Khan under the PMLA, although procedural requirements currently limit further action.
This case underscores procedural and authorisation challenges in prosecuting financial crimes linked to public funds, adding to scrutiny on the role of procedural authorisations in such cases.
