New Delhi: A Delhi court on Thursday while refusing to take cognizance of a supplementary charge sheet filed by the Enforcement Directorate against the AAP MP Amanatullah Khan in the Delhi Waqf Board money laundering case, ordered his immediate release, calling it “illegal”.
“In the present case, there is no legal basis to justify the continued detention of the accused. Keeping the accused in detention… when cognition has been refused for lack of sanction under Article 197(1) of the CrPC, amounts to illegal detention In these circumstances, the accused should be released immediately,” the court said.
On October 29, ED filed a 110-page initial supplemental indictment, claiming that Khan laundered money allegedly generated through corruption in the Waqf Board. The court of Special Judge Jitendra Singh said there was enough evidence against Khan to proceed against him. However, no sanctions were taken to prosecute him.
The court also refused to summon Khan’s wife Maryam Siddiqui as an accused in the case, saying the charge against her was based on supposition and conjecture.
The Enforcement Directorate, through its special counsel, argued that Khan had abused his official position as board chairman and MP. The agency alleged that he acquired huge cash through illegal recruitments, lending properties and misappropriating board funds.
The enforcement agency argued that since the prosecution’s complaint had been taken into account, the court was obliged to summon the accused. The court said he had collected funds using the board’s goodwill from the public in the name of helping victims of the 2020 Delhi riots. Examination of the bank account reveals that Rs 76, 97 lakh was received in the account of the public, and Khan started an unregistered company called ‘Delhi Waqf Board Relief Committee’.
Later on Thursday, the Enforcement Directorate approached the Delhi High Court, challenging the trial court’s decision to release Khan.