The Delhi High Court on Thursday issued a notice to Aam Aadmi Party (AAP) MLA Amanatullah Khan in response to a plea filed by the Enforcement Directorate (ED).
The agency has challenged a trial court’s decision to release Khan in a money laundering case linked to alleged irregularities in the recruitment process of the Delhi Waqf Board during his tenure as chairman.
Justice Vikas Mahajan’s bench has stayed trial court proceedings in the case until the next hearing, scheduled for 21 March 2025. The court also directed the ED to submit various trial court orders related to the matter.
It emphasised that the issue of sanction was a critical point, instructing the ED to take a clear position rather than merely listing it as a ground for contestation in its plea.
The ED, represented by Advocate Zoheb Hossain, had approached the Delhi High Court to challenge the lower court’s order. The case involves alleged money laundering linked to the purchase of a property valued at ₹36 crore.
Earlier, the Rouse Avenue Court had declined to take cognisance of the chargesheet against Khan, citing a lack of sanction for prosecution. It had ordered his release on a bond of ₹1 lakh, with a similar amount as surety.
The ED had filed a supplementary chargesheet on 29 October 2024, naming Khan and Mariam Siddiqui. While Khan was arrested on 2 September 2024, Siddiqui was charged without arrest.
The trial court had acknowledged sufficient evidence against Khan but ruled that, without the necessary prosecution sanction, the case could not proceed. In contrast, Siddiqui was discharged due to a lack of evidence.
According to the ED, proceeds of crime were used to purchase a ₹36 crore property in Okhla, with ₹27 crore allegedly paid in cash.
The agency claimed that a diary and WhatsApp messages linked the transaction to Khan, including a message stating, “Netaji ko paisa pahuncha diya,” which allegedly corresponded to the timing of the financial transaction.
The ED also alleged that Khan, who served as chairman of the Delhi Waqf Board from 2016 to 2023, tampered with his mobile phone during a search on 10 October 2023 by deleting crucial data from the device.
The agency has maintained that the case involves serious financial misconduct and is seeking to challenge the trial court’s decision to release him.
The case will now be heard by the Delhi High Court, with further proceedings expected to focus on the issue of sanction and the admissibility of evidence presented by the ED.
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