Delhi High Court seeks AAP MLA Amanatullah Khan’s reply in plea challenging bail order in Waqf Board Misappropriation case

The Delhi High Court on Friday issued notice to the Aam Aadmi Party (AAP) MLA Amanatullah Khan in an appeal filed by the Anti-Corruption Bureau (ACB) against the Special CBI Courts order granting him bail in a case related to the misappropriation of Delhi Wakf Board funds.

Justice Yogesh Khanna has sought a reply from Khan by the next date of the hearing, i.e. December 9, 2022.

On September 28, Special Judge Vikas Dhull of the Rouse Avenue Court granted bail to Khan on a personal bail bond of Rs. 1 lakh and a surety of like amount.

During the hearing before the CBI Court, Senior Advocate Rahul Mehra appearing for Khan argued that “there is no saying that I siphoned off a certain amount from the Wakf Board, and there is no single document to show that I did bribery”. He also stated, “Where is the Offence? Where is the criminality? Not an iota of rules has been violated. Where is the mens rea? Who has gained from that particular transaction? There is nothing on record.”

Mehra had also stated that the Board is leading everything, but they have cherry-picked the Chairman. He further alleged that the Board is doing everything but they have attributed everything in the name of the Chairman. Mehra contended that, “Khan is an honest man, and that every penny is brought on record.”

Mehra had contended that the ACB is struggling to make a case against Khan, and has no material on record to connect the misappropriation of funds. He submitted that Khan is a three-time-sitting MLA and will be available for investigation, will not tamper with any evidence, and will not flee. He concluded by stating that the ACB has prima facie no evidence to substantiate the allegations they are making.

On the contrary, Public Prosecutor (PP) Atul Shrivastava appearing for State had argued that Khan had appointed his members of the constituency in the Wakf Board. He also alleged that Khan has not been cooperating in the investigation, “When asked about his phone? Khan replied he dropped it somewhere. When asked about his CA? Khan replied he doesn’t remember his name”. PP Shrivastava had stated that the Delhi Wakf Board had only issued a notice of vacancy in the Urdu Newspaper. He also stated that Khan had forcefully removed important files and had threatened people. He further argued that Khan should not be granted bail, as he’s done a type of Economic offence, and it had deep-rooted conspiracy. He further alleged that Khan is a serious threat to the economy of the country.

Khan was arrested on September 16. On September 17, the Special Judge remanded Khan to Anti- Corruption Bureau’s judicial custody, and on September 26 extended his judicial custody to 14-days.

Case Title: State (NCT of Delhi) v. Amanatullah Khan