NEW DELHI: The Enforcement Directorate (ED) has approached the Delhi High Court, challenging a trial court’s order that declined to take cognisance of its supplementary chargesheet in the Delhi Waqf Board money laundering case.
The trial court had also ordered the immediate release of Aam Aadmi Party (AAP) MLA Amanatullah Khan from judicial custody, citing the absence of requisite prosecution sanctions.
During the hearing, the Delhi High Court pressed the ED to clarify its stance on the predicate offence and the necessity of sanctions under the Prevention of Money Laundering Act (PMLA).
While fixing January 13 for a detailed hearing, the court refrained from issuing notices and directed the ED to present all relevant trial court orders related to the supplementary chargesheet.
The ED argued that the trial court prematurely released Khan without adequately considering the stringent bail provisions under PMLA, particularly Section 45.
According to the ED, the trial court could have resolved the issue of cognisance while addressing bail but instead bypassed the opportunity to examine the charges’ merits.
The central probe agency had to approach the HC due to a November 14 order by the trial court that rejected the ED’s supplementary chargesheet against Khan and directed his immediate release. Although the court acknowledged evidence of alleged wrongdoing, it highlighted the lack of mandatory prosecution sanction as a barrier to proceeding.
The chargesheet, filed by the ED on October 29, accused Khan of laundering money obtained through corruption during his tenure as chairman of the Delhi Waqf Board. It alleged that Khan orchestrated illegal recruitments in violation of government norms, generating illicit funds used to acquire immovable assets under associates’ names.
The ED arrested the AAP MLA on September 2 under PMLA provisions. He was granted bail on November 27 by the Rouse Avenue Court.