[Delhi Waqf Board Case] SC Rejects AAP MLA Amanatullah Khan's Anticipatory Bail Plea

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The Supreme Court rejected the anticipatory bail plea of AAP MLA Amanatullah Khan in the Delhi Waqf Board case.The bench comprising Justice Sanjiv Khanna and Dipankar Datta declined to entertain Khan’s anticipatory bail plea. Instead, the court instructed him to appear before the ED on April 18th, 11 am, for interrogation in connection with the money laundering case.

[Delhi Waqf Board Case] SC Rejects AAP MLA Amanatullah Khan's Anticipatory Bail Plea — [Delhi Waqf Board Case] SC Rejects AAP MLA Amanatullah Khan’s Anticipatory Bail Plea

NEW DELHI: Today (15th April): The Supreme Court dismissed the anticipatory bail plea of Aam Aadmi Party (AAP) MLA Amanatullah Khan in a money laundering case linked to alleged irregularities in the Delhi Waqf Board during his tenure as chairman.

The bench comprising Justice Sanjiv Khanna and Dipankar Datta declined to entertain Khan’s anticipatory bail plea. Instead, the court instructed him to appear before the ED on April 18th, 11 am, for interrogation in connection with the money laundering case.

The Supreme Court emphasized

Delhi High Court’s observations on the case’s merit would have no bearing on the matter.

This decision comes after the Delhi High Court’s March 11th verdict, which made certain observations regarding the merit of the case, but the Supreme Court clarified that those observations would not impact the matter.

Justice Swarana Kanta Sharma dismissed Khan’s plea for anticipatory bail, highlighting his recurrent failure to respond to summonses issued by the Enforcement Directorate (ED), deeming it tantamount to obstructing justice and trust in the legal system.

Justice Sharma emphasized that investigative agencies perform public service, reiterating that Khan, as a public representative, should have adhered to ED summonses to clarify his involvement in the case.

“Repeated disobedience of summons of the investigating agency is equivalent to obstruction of investigation. Obstruction of investigation is equivalent to obstruction of administration of justice, and if this is allowed to continue, it will erode trust and confidence in the criminal justice system, which will lead to anarchy,” the Court said.

Dismissing Khan’s claim of being occupied with public duties as a reason for non-appearance, the Court ruled that such excuses cannot justify repeated disobedience to summons.

Khan’s plea for anticipatory bail was earlier dismissed by a trial court on March 1. Subsequently, he appealed to the High Court, contending innocence and alleging unjust targeting by the ED with unsubstantiated claims.

Khan’s plea contended that

“Since there was no involvement of bribe amounts, there could be no proceeds of crime generated, thereby eliminating any possibility of his participation in activities related to the placement, layering, or integration of illicit funds. As a result, he asserted that there was no violation of the provisions of the Prevention of Money Laundering Act (PMLA)”.

Background:

Amanatullah Khan, the MLA representing Okhla, had initially approached the Delhi High Court for anticipatory bail after a trial court rejected his application on March 1st. Notably, Khan was not named as an accused in the recently filed charge sheet by the ED. However, the agency has included the names of five individuals, including three alleged associates of Khan—Zeeshan Haider, Daud Nasir, and Jawed Imam Siddiqui—in its prosecution complaint. The ED’s investigation focuses on illegal recruitment of staff and alleged illegitimate personal gains through the unfair leasing of Waqf Board properties during Khan’s term as chairperson from 2018 to 2022.

During raids conducted in the investigation, the ED claims to have seized substantial incriminating evidence in both physical and digital formats. These pieces of evidence allegedly indicate Khan’s involvement in money laundering activities. The ED’s prosecution complaint highlights the “misuse” of Waqf Board properties and the illegal personal gains made by the accused during Khan’s chairmanship tenure.

Read Previous Reports on AAP MLA Amanatullah Khan’s Case