Justice Manoj Kumar Ohri instructed the ED to present all relevant trial court orders and emphasized the importance of addressing the sanction issue directly.
New Delhi: On Dec 2: The Enforcement Directorate (ED) has approached the Delhi High Court to contest a trial court’s decision that refused to take cognizance of its chargesheet against AAP MLA Amanatullah Khan in a money laundering case related to alleged irregularities in the Delhi Waqf Board.
Justice Manoj Kumar Ohri instructed the ED to present all relevant trial court orders and emphasized the importance of addressing the sanction issue directly.
He remarked, “You need to take a concrete stand on the issue of sanction, not just mention it in your petition, as this will be contested.”
The trial court had recently declined to acknowledge the alleged money laundering offense under the Prevention of Money Laundering Act (PMLA) against Khan due to the absence of required prosecution sanction.
The High Court has scheduled the next hearing for January 13, 2025.
The ED’s counsel argued that the trial court identified sufficient grounds for proceeding against Khan after reviewing the prosecution complaint. However, the court noted that summoning him required determining whether cognizance could be taken without sanction.
The ED referenced a Supreme Court ruling, asserting that the absence of sanction is a “curable defect” and could be addressed during the proceedings.
The trial court had earlier ruled that there was no legal justification for Khan’s continued detention. The ED filed a 110-page supplementary prosecution complaint on October 29, accusing Khan of laundering money allegedly generated through corruption within the Delhi Waqf Board.
Mariam Siddiqui, also named in the chargesheet, was discharged due to insufficient evidence.
Khan, arrested on September 2 under the PMLA, faced ED raids at his residence in Okhla, Delhi. The probe originates from two FIRs: one by the CBI related to alleged Waqf Board irregularities and another by the Delhi Police’s anti-corruption unit concerning disproportionate assets. The ED maintains there is ample evidence to prosecute Khan and others involved.
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