New Delhi, (Samajweekly) A Delhi court on Monday issued an notice to the Enforcement Directorate (ED) in anticipatory bail plea by AAP MLA Amanatullah Khan in connection with the Waqf Board money laundering case. Special Judge Rakesh Syal of Rouse Avenue Court issued the notice to the ED and scheduled a further hearing on Tuesday.
Senior advocate Menaka Guruswamy, representing Khan, argued and requested interim protection, but the court declined to grant the relief.
Guruswamy pointed out that Khan had been summoned in connection with a money laundering case.
She contested the issue of two FIRs being filed regarding the same case, with the first FIR dated November 23, 2016, filed by the CBI.
The allegation was related to Khan’s alleged wrongful appointment as chairman of the Delhi Waqf Board.
Guruswamy pointed out the principle of criminal law that prohibits two FIRs for one cause, noting that the second FIR was based on the same allegations as the first, despite the closure of the matter by the agency, terming it as administrative irregularities.
She also pointed out that previous bail orders in both cases concluded that there was no loss to the exchequer, as there was no evidence of bribery or recovery of proceeds of crime.
Regarding allegations of irregularities in the recruitment of contractual employees, Guruswamy stated that previous bail orders concluded that there was no evidence of loss to the exchequer, attributing the issues to administrative irregularities.
She mentioned that Khan had already complied with three sets of summons, including submitting his mobile phone, and requested the court to grant him protection until the next hearing date.
The court directed Khan to appear before the ED and considered the request for protection until the next hearing date.
Recently, Khan withdrew from the Delhi HC his plea challenging the summons issued by the ED.
On February 1, the court had refused to stay the summons, and had earlier refused to give immediate relief to Khan against the summons, saying that relief cannot be sought at the last minute.
Khan had challenged the constitutional validity of Section 50 of the Prevention of Money Laundering Act (PMLA) and has also sought a directive to quash the cases filed by the Anti-Corruption Branch (ACB) and the ED.
The bench had refused to issue notice on Khan’s plea challenging the FIR registered by ACB, and the summons and investigation in the matter.
“While adjourning the matter at the request of the counsel appearing for the petitioner, it is made clear that neither the court has issued notice in the petition nor any interim order has been granted,” the court had said.
Special Judge Rakesh Syal, of the Rouse Avenue Courts, had recently taken cognisance of an ED charge sheet filed in the case.
The ED had filed the charge sheet against Zeeshan Haider, his partnership firm Skypower, Javed Imam Siddiqui, Dawood Nasir, and Qausar Imam Siddiqui.
The case pertains to a property worth Rs 36 crore being allegedly acquired with illicit funds, purportedly influenced by Khan, who reportedly handed over Rs 8 crore in cash.
Questioned about Khan’s role, the ED’s counsel had said that further investigation related to others is ongoing. Counsel had submitted that the accusations in the predicate offence pertain to irregularities in the Delhi Waqf Board, where Khan was allegedly involved in corrupt practices, including misappropriation of Rs 100 crore and providing jobs.
During the investigation, the ED considered FIRs filed earlier by the CBI, ACB, and the Delhi Police.
The ACB sought a PMLA investigation against Khan, alleging properties were acquired in Delhi, Telangana, and Uttarakhand with alleged ill-gotten money.
Searches at premises owned by Hamid Ali Khan and Qausar Imam Siddiqui revealed incriminating evidence and illegal weapons.
The recovered diaries suggested high-value transactions between Khan and Javed Imam Siddiqui, including the purchase of the Rs 36 crore plot in Tikona Park, Okhla.
The court was informed that an agreement to sell off Rs 36 crore, recovered from the accused’s mobile, was manipulated, indicating tampering with evidence.
The ED said that the property was bought at Khan’s behest, and the court was presented with evidence of Rs 27 crore cash transaction, making it a compelling case to summon the accused persons.
