On Friday(6th September), A Delhi court extended AAP MLA Amanatullah Khan’s ED custody by three days in a money laundering case, citing the need to confront him with co-accused and witnesses. The extension comes after the ED’s request for a 10-day extension was partially granted.
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DELHI: A Delhi court on Friday(6th September), extended the Enforcement Directorate (ED) custody of Aam Aadmi Party (AAP) MLA Amanatullah Khan by three more days. The extension comes as part of an ongoing investigation into a money laundering case, where Khan is a key suspect. The court highlighted the necessity of his further custody, citing the need to confront Khan with co-accused individuals and witnesses linked to the investigation.
Special Judge Vishal Gogne presided over the hearing and passed the order after the central probe agency, the ED, filed an application requesting a 10-day extension of Khan’s custody. Judge Gogne, however, allowed only three days of extension, ruling that the further period would suffice at this stage of the investigation.
The court emphasized that the investigation remains ongoing and cannot be stalled at the discretion of the accused.
“An investigation cannot be paused merely due to the accused having participated in it on one occasion.”
-stated the judge, stressing the importance of a thorough inquiry.
A critical aspect of the decision hinged on the examination of case diaries, which the court reviewed to assess the progress of the investigation. The records revealed the involvement of approximately 48 witnesses and individuals connected to the case, whose statements or information may necessitate being put forth before Khan.
The judge elaborated on this, noting-
“The court’s review of the case diaries indicated that statements or materials from approximately 48 witnesses or other individuals connected to the investigation, who are not included in the first prosecution complaint (the ED’s equivalent of a charge sheet), may need to be presented to the accused for confrontation.”
The court also acknowledged the complexity of the investigation, especially regarding the financial transactions linked to the case. The ED has alleged that these transactions may involve the laundering of a substantial sum of money, around Rs 36 crores, which was purportedly used to acquire properties through individuals acting as Khan’s agents.
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In its decision to extend custody, the court stated-
“Consequently, the court deems the request for extending the ED’s custody of the accused to be justified based on the investigation’s current progress.”
The judge underscored the need for additional time for the ED to delve deeper into these “multi-layered and masked financial transactions.”
However, while the ED had requested a 10-day extension, the court found this to be excessive. Instead, the court ruled that a three-day custodial extension would suffice at this juncture.
“However, the request for an additional 10 days of custody is deemed excessive. The court finds that an extension of three days is currently sufficient for the investigation.”
-Judge Gogne said.
The ED was instructed to present Khan before the court again on September 9.
Judge Gogne also outlined provisions for the well-being of the accused while in custody, ordering that Khan be subjected to medical examinations every 24 hours. The court stipulated that the ED must conduct Khan’s interrogation under CCTV surveillance and with audio-video recording capabilities.
“Additionally, the accused’s interrogation will be conducted under CCTV surveillance with audio and video recording capabilities. The recordings are to be preserved for potential court presentation if needed.”
-the judge stated.
Background of the Case
Khan, who represents the Okhla constituency in the Delhi Assembly, was taken into ED custody under the Prevention of Money Laundering Act (PMLA) on September 2. His arrest followed an extensive search operation carried out by the ED at his residence in Okhla, a prominent area in the national capital. During the searches, the ED posed several questions to Khan, to which, according to the agency, he provided “evasive” responses, prompting his subsequent arrest.
Allegations Against Khan
The ED’s investigation centers around allegations that Khan is involved in laundering illicit funds through various financial channels. The agency has accused him of using intermediaries to conceal the origins of the laundered money, allegedly amounting to Rs 36 crores. These funds were reportedly invested in properties and other assets under the names of individuals associated with Khan, further complicating the probe.
