NEW DELHI: The Delhi High Court on Thursday issued a notice to AAP leader and Okhla MLA Amanatullah Khan while staying the trial in a money laundering case against him. The court action came on a Enforcement Directorate (ED) plea challenging a lower court’s decision to release Khan. Justice Vikas Mahajan directed Khan to respond to the petition and ordered the trial court to defer further hearings in the case till March 21, the next scheduled hearing in the high court.
The case, which stems from allegations of financial irregularities in the recruitment process and property acquisitions during Khan’s tenure as chairman of the Delhi Waqf Board, led to Khan’s arrest by the ED in September 2024 under the Prevention of Money Laundering Act.
However, on November 15, 2024, a special court refused to recognise the ED’s supplementary prosecution complaint, citing lack of mandatory approval from a competent authority, a prerequisite for prosecuting a public servant for actions undertaken in official capacity.
Despite acknowledging sufficient grounds to proceed against Khan, Special Judge Jitendra Singh ruled that the absence of government sanction prevented the court from taking cognisance of the charges, ultimately leading to Khan’s release. The ED subsequently moved the high court, contesting the trial court’s stance.
During Thursday’s hearing, ED’s counsel Zoheb Hossain argued that the main case had already been taken cognisance of and that the lack of sanction was merely a “curable defect.”
Hossain also contended that sanction was not required at all, as the alleged offences, such as unauthorised property dealings and recruitment irregularities, were not part of Khan’s official duties as Waqf Board chairman. “These actions were beyond the scope of his official responsibilities and, therefore, do not require sanction,” the ED counsel argued.
