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Synopsis

The Rouse Avenue Court, on Monday, heard the by the Enforcement Directorate (ED)'s case against AAP MLA Amanatullah Khan, who was arrested in an alleged money laundering case. Khan was arrested by the ED on September 2, in connection with alleged irregularities in the Waqf Board recruitment and purchase of properties during his tenure as its Chairman.

A case was first registered against him by the Anti-Corruption Bureau, following which the ED pressed charges against and arrested him.

In Monday's hearing, a heated discussion ensued between Khan's counsel and the Judge, Additional Chief Metropolitan Magistrate Divya Malhotra.

The counsel objected to one of the prosecution witnesses, Mazim Khan, being brought before the court. Arguing that this witness being called to the court would amount to “talking in the air”, he was however reprimanded by the Judge. 

She stated that it was the prerogative of the prosecution to call whomever they wished to as witnesses, but that he could engage in cross-examination. Requesting the judge to record his objections, the counsel engaged in a heated discussion with her.

Despite the vociferous arguments of the accused’s counsel, the Judge directed him to make written submissions before the court and adjourned the matter to 30^th September.

During an interview with Lawbeat, Khan’s counsel Rajat Bharadwaj said that his client was being 'targeted'.

Background

Khan was arrested by the ED because it alleged that he had engaged in the unlawful recruitment of 32 individuals, violated established norms, and challenged government guidelines.

The agency also 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: Directorate of Enforcement (ED) V/s Amanatullah Khan (CT Case 8/2024)

[Inputs: Indian Express]