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Synopsis

A division bench of the Supreme Court today issued notice in an appeal filed by Aam Aadmi Party (AAP) MLA Amanatullah Khan challenging the Delhi High Court's order refusing to overturn the decision of the Delhi Police designating him as "bad character."

A bench of Justice Sudhir Kumar Jainof the Delhi High Court in January had dismissed a petition filed by Khan against the said decision.

The High Court had however allowed liberty to Khan to move a representation before the Delhi Police in this regard.

Today, a bench of Justices Surya Kant and Dipankar Datta issued notice and sought the Delhi Police's response in the said appeal.

Before the High Court, the Delhi police's decision to open his criminal history record was also contested by Khan. According to the plea, the dossier was leaked to the media in violation of the applicable laws and procedures, which require that it be kept confidential. It has been alleged that it is a classic case of brazen abuse of the process of law by Delhi Police.

It may be noted that the Rouse Avenue court had granted bail to the AAP MLA in connection with the misappropriation of Delhi Wakf Board funds case.

In the said case, Senior Advocate Rahul Mehra appearing for Khan had 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 had 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."

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 had also alleged that Khan had 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,” he had submitted. 

Case Title: AMANATULLAH KHAN vs. THE COMMISSIONER OF POLICE DELHI & ORS.