NEW DELHI: A court here on Thursday ordered the release of AAP MLA Amanatullah Khan in a money laundering case related to alleged irregularities in the Delhi Waqf Board case, while refusing to take cognisance of a chargesheet filed against him.
Special Judge Jitender Singh of the Rouse Avenue Court declined to take cognisance of the ED’s supplementary chargesheet filed against Khan under the Prevention of Money Laundering Act (PMLA), pointing to the absence of required sanction under Section 197(1) of the Code of Criminal Procedure (CrPC).
The court found no legal grounds for Khan’s continued detention, asserting that holding him in custody without requisite sanction would be tantamount to illegal arrest.
“In this case, there is no legal ground to justify further detention of the accused. Keeping the accused in custody under these circumstances, where cognizance has been declined due to the absence of sanction under Section 197(1) Cr.P.C., would constitute illegal custody,” the judge remarked.
Judge Singh further observed that the case lacked formal approval from the competent authorities to proceed against Khan. Citing Section 59 of CrPC, he directed Khan’s release upon furnishing a personal bond of `1 lakh with a similar surety, allowing for possible future proceedings if sanction is obtained.
The court also noted insufficient evidence to prosecute Mariyam Siddiqui, who was named as a co-accused in the ED’s chargesheet.
Meanwhile, following the court ruling, the ED, on Thursday, approached the High Court, challenging the order to release Khan. A bench headed by Justice Vibhu Bakhru has agreed to list the case for Monday but declined to hear it immediately.
The ED’s allegations against Khan stem from accusations that he facilitated illegal recruitment during his leadership of the Waqf Board. According to the agency, Khan allegedly profited through these recruitments, acquiring assets by redirecting funds gained unlawfully. Khan was taken into custody on September 2.
PMLA cases being used as tool against Opp: AAP
Rajya Sabha MP Sanjay Singh criticised the BJP, describing money laundering cases as a sheer drama and a tool used by the central government against opposition leaders.
“Whoever they want to trap or imprison, they think of filing a PMLA case against him to prevent bail. However...these bails (of Arvind Kejriwal, Manish Sisodia, and Satyendar Jain) have set a precedent in the country that no one can be forcibly kept in jail for long on false charges,” Singh said.
He stated that Khan faced a similar situation, with no corruption case against him. “Though he had already received bail from the lower court, he was still sent to jail based on a false case from 2016,” he said.
AAP leader Manish Sisodia also slammed the BJP for misusing the ED and CBI to falsely target AAP leaders, aiming to imprison them and disrupt elections. “Despite their lies and manipulation,” he said, “truth has prevailed with Amanatullah Khan’s bail, and Arvind Kejriwal will return as Delhi’s Chief Minister.”
Sisodia stated, “Today, the way the court granted bail to Amanatullah Khan, it once again proves that the BJP was falsely implicating Amanatullah Khan in fake cases to send him to jail. It has also become clear that the BJP’s sole objective is to file false cases and misuse the ED and CBI against Arvind Kejriwal and his associates, with the aim of imprisoning them and preventing them from contesting and winning elections, or disrupting elections.
