Delhi: The Rouse Avenue Court on Monday (19th February) has issued a notice to the Enforcement Directorate (ED) concerning the anticipatory bail plea of Aam Aadmi Party (AAP) MLA Amanatullah Khan. This move comes in light of Khan’s involvement in the ongoing investigation into alleged money laundering activities linked to the Delhi Waqf Board. The court’s decision to seek the ED’s stance was announced , with the matter slated for further deliberation on Tuesday.
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Special Judge Rakesh Syal, presiding over the case, has called for the ED’s response following the submission of Khan’s anticipatory bail application by Advocate Rajat Bhardwaj. The urgency of the situation is underscored by Khan’s recent summons by the ED, necessitating his appearance for questioning.
During the court proceedings, Senior Advocate Menaka Guruswamy represented Khan, seeking interim protection for the MLA. However, the court refrained from granting immediate relief. Guruswamy highlighted the peculiar circumstance of dual FIRs lodged concerning the same case against Khan, pointing out the legal anomaly this represents. She argued,
“It is a cardinal principle of criminal law that there cannot be two FIRs for one cause.”
The first FIR, filed by the Central Bureau of Investigation (CBI) on November 23, 2016, accused Khan of being wrongfully appointed as the chairman of the Delhi Waqf Board. Although the agency later closed the matter citing administrative irregularities, these findings were paradoxically used to justify the filing of a second FIR.
Guruswamy further contended that subsequent bail orders in both cases concurred that there was no financial loss to the exchequer, challenging the premise of money laundering allegations. She emphasized,
“It was also noted in the bail orders that there was no bribe paid, and no recoveries were made. Then there is no question of proceeds of crime.”
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Addressing the court, Guruswamy disclosed that Khan had complied with previous summonses, including surrendering his mobile phone to the authorities. Despite this cooperation, the anticipation of further legal challenges looms large, prompting the plea for anticipatory bail.
The backdrop to this legal drama includes Khan’s earlier attempt to challenge the ED’s summons at the high court, a petition he subsequently withdrew. The Rouse Avenue court had previously taken cognizance of the Prosecution Complaint (Charge Sheet) filed by the ED on January 19, 2024, implicating Khan and others in the alleged money laundering scheme.
The ED’s investigation accuses Khan and associates of acquiring substantial assets through illicit means, including a property worth ₹36 crores purportedly bought with laundered money. According to the ED, Khan personally contributed ₹8 crore in cash towards this purchase, raising serious questions about the source of these funds.
As the case progresses, the court’s decision on Khan’s anticipatory bail plea will be closely watched, not only for its implications for the AAP MLA but also for the broader narrative around political accountability and anti-corruption efforts in India’s capital.
