The Enforcement Directorate (ED) has informed the Delhi High Court that its investigation into AAP leader Amanatullah Khan is based on multiple FIRs. Khan challenges his arrest, claiming it violates his fundamental rights and lacks evidence linking him to money laundering, arguing that it’s politically motivated.
New Delhi: The Enforcement Directorate (ED) recently informed the Delhi High Court that its ongoing investigation into Aam Aadmi Party (AAP) leader Amanatullah Khan is based on multiple FIRs related to alleged money laundering activities. Khan’s arrest has sparked significant legal discourse, as he challenges the ED’s actions under the Prevention of Money Laundering Act (PMLA).
Amanatullah Khan is embroiled in a controversy linked to irregularities in appointments during his tenure as chairperson of the Delhi Waqf Board. The ED has opposed Khan’s plea challenging his arrest, stating that he is misleading the court by referencing only one FIR while ignoring ongoing investigations concerning other FIRs.
The ED asserted that evidence collected during the investigation, including statements recorded under Section 50, suggests that Khan appointed individuals close to him, bypassing legal protocols for personal gain. “Amanatullah Khan’s arrest was conducted in compliance with the safeguards outlined in Section 19 of the PMLA,” noted the ED in its statements.
The recent court session, presided over by Justice Manoj Kumar Ohri, was adjourned to December 17, 2024, due to the absence of the ED’s response on record. Senior advocate Vikram Choudhari, representing Khan, called for an earlier hearing, expressing concerns that the extended adjournment could undermine his client’s objectives in the High Court.
In his petition, Khan alleges that the ED violated his fundamental rights during the arrest process. He characterizes his arrest as an “unprecedented assault” on his fundamental rights, which he argues are integral to the basic structure of the Indian Constitution. In his plea, he stated,
“The ED’s actions are illegal and unconstitutional, motivated by oblique political intentions to persecute and harass me.”
Khan’s legal team contends that his detention stems from his refusal to provide statements that could incriminate him. He emphasized that merely not cooperating with the ED does not justify his arrest, insisting that
“the mere lack of cooperation does not constitute valid grounds for arrest.”
Khan further argues that the existence of “proceeds of crime” is a fundamental condition for establishing a money laundering offence under the PMLA. He asserts that the ED has not provided sufficient evidence or incriminating information connecting him to any money laundering activities, specifically regarding the processes of placement, layering, or integration of proceeds of crime.
“The ED has failed to provide any evidence linking me to the processes of placement, layering, or integration of proceeds of crime,”
Khan claimed. With this assertion, he argues that his arrest lacks legal basis, making it unjust and illegal, and infringing upon his constitutional right to liberty.
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Khan was arrested in relation to the purchase of a ₹36 crore property in Okhla, which is a key element in the ED’s investigation into alleged money laundering and irregularities during his tenure at the Waqf Board. The case has raised concerns about the extent of the ED’s powers and the implications of its actions on political figures.
As the legal proceedings continue, the ED’s position remains firm, arguing that the offences under the PMLA are independent of the predicate offence, and orders from the latter do not influence PMLA cases.
The legal battle surrounding Amanatullah Khan highlights the complexities of money laundering investigations and the intersection of law and politics in India. As the case progresses, it will serve as a critical example of how judicial systems engage with allegations of political malfeasance and the enforcement of financial regulations. The upcoming hearings are poised to shed more light on the legalities surrounding Khan’s arrest and the ED’s ongoing investigations, ensuring that the case remains in the public eye and continues to evoke strong reactions from all sides involved.
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