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Senior Advocate Vikram Chaudhury, representing Amanatullah Khan, urged the court to expedite the hearing, citing his client's custodial status and pursuit of relief. Nevertheless, the court scheduled the matter for November 13, 2024.
Special Public Prosecutor Zoheb Hussain, on behalf of the Enforcement Directorate (ED), apprised the Delhi High Court that a reply was submitted the previous day, therefore it might not yet be included in the official court records. Additionally, it was conveyed that the ED had also filed an interlocutory application.
Senior Advocate Vikram Chaudhary, representing Amanatullah Khan, contended that while ED chooses to arrest people left, right, and center; they refuse to file a reply within a time-bound manner.
Senior Advocate Chaudhary argued that the ED acted swiftly in arresting individuals, yet often delayed in submitting replies during court proceedings as a tactic to delay such proceedings. He also requested an early hearing date, noting that his client was in custody and seeking release.
The bench of Justice Manoj Kumar Ohri issued a notice and scheduled the matter for November 13, 2024.
On October 7, 2024, the Rouse Avenue Court extended the judicial custody of Khan. “Considering the requirements of investigation which is now at a crucial and developing stage, the application is allowed. Accused Amanatullah Khan is remanded to judicial custody till 21.10.2024 when he shall be produced through VC”, the court held.
Khan appeared before the court via video conferencing from jail, following his arrest by the Enforcement Directorate (ED) on September 2 for allegedly purchasing property worth ₹36 crores in Okhla.
Special Judge Vishal Gogne granted the extension after considering submissions from both the ED and the defense counsel.
SPPs Simon Benjamin and Manish Jain, representing the ED, argued for the extension, stating that a supplementary charge sheet would be filed against Khan. The ED had earlier maintained that Khan was the primary accused and that his release could jeopardize the investigation by allowing potential tampering with evidence.
Advocate Rajat Bhardwaj, representing Khan, opposed the request by arguing that the Enforcement Directorate had already conducted the custodial investigation, and there was no ongoing requirement for judicial custody.
Background:
Khan was taken into custody by the Enforcement Directorate for his involvement in illegal recruitment practices and the misappropriation of Waqf Board funds for personal gain. The agency claimed that Khan “utilized the proceeds of crime from these illegal recruitments to acquire assets in the name of associates.” The ED proceeded to file a chargesheet against Khan and four other persons, including three of his associates- Zeeshan Haider, Daud Nasir, and Jawed Imam Siddiqui. These individuals were arrested in November 2023 during raids on the MLA’s premises.
A bench headed by Justice Rekha Palli heard Khan’s case in January 2024 and refrained from issuing any immediate orders. Subsequently, the ED issued summons against the former MLA, who moved the Delhi High Court challenging these.
In February 2024, a bench comprising Justices Rekha Palli and Rajnish Bhatnagar refused to stay the summons and questioned the maintainability of Khan’s plea. Khan later withdrew his plea.
In March 2024, Khan filed a bail application before a trial court, which was dismissed. He then approached the High Court, filing an appeal against the trial court’s order.
Khan claimed innocence of criminal wrongdoing and violation of the Prevention of Money Laundering Act (PMLA) and stated that his life and liberty must be protected from the unwarranted and unjustified encroachment of the ED. He further said that he was being targeted through frivolous and baseless allegations.
Notably, Khan had accused the government of targeting him and other AAP leaders. He was represented in the court by Senior Advocate Kapil Sibal along with other advocates.
After his anticipatory bail plea was rejected by both the Delhi High Court and Supreme Court, Khan was arrested by the ED.
In September 2024, Khan challenged his arrest and remand, based on a trial court order, in the Delhi High Court. His counsel, Senior Advocate Vikram Chaudhari told the court that the MLA’s arrest was illegal and sought that the remand order passed by the trial court be quashed.
However, Special Counsel Zoheb Hossain, representing the ED, said that Khan had previously suppressed material facts during his anticipatory bail application
Case Title: Amanatullah Khan v Directorate Of Enforcement (W.P.(CRL)-2897/2024)
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