NEW DELHI: The Rouse Avenue Court on Monday framed charges against AAP MLA Amanatullah Khan and 10 others in an alleged case of irregularities in the Delhi Waqf Board recruitment, saying there was “strong suspicion” of conspiracy and “prima facie evidence” against them.
The development follows a supplementary chargesheet filed by the Central Bureau of Investigation (CBI) where Khan was named primary accused.
Special judge Dig Vinay Singh framed charges of criminal conspiracy and criminal misconduct by a public servant against Khan and Mahboob Alam, erstwhile chief executive officer of Delhi Waqf Board, under the Prevention of Corruption Act.
Charges were also framed against nine other accused, namely Hamid Akhtar, Kifayatullah Khan, Rafiusshan Khan, Imran Ali, Mohammed Ahrar, Aquib Jawed, Azhar Khan, Zakir Khan and Abdul Mannar.
The CBI registered a case in 2016 after it was alleged that Khan, then chairperson of the Delhi Waqf Board, had illegally facilitated Alam’s appointed as the board’s CEO.
Khan was also accused of getting his relatives and other acquaintances appointed on various contractual or daily wage posts in the board, as part of the criminal conspiracy.
These appointments were allegedly made by the “misuse and abuse” of the official positions of Khan and Alam.
In its order, the court said, “Where there is strong suspicion, it is sufficient at this stage to indicate a conspiracy involving all these parties.”
The court added, “The actions and omissions of these accused clearly show that they had a mutual understanding, either express or implied, to facilitate the illegal appointments (of Alam and 10 others) and this warrants the framing of conspiracy charges against all involved.”
The court referred to Section 101 of the Waqf Act, which says besides board members, any individual duly appointed to perform duties under the act be regarded as a public servant under the law.
“Accordingly, a strong suspicion does arise against all the 11 accused, and the facts do disclose prima facie sufficient material to frame charges against all of them,” the court said.
Charges were framed under Section 120 B (criminal conspiracy) of IPC read with 13(1)(d) and 13(2) of the Prevention of Corruption Act, against Amanatullah Khan for being involved in the conspiracy with Alam and nine others.
All the accused persons pleaded not guilty, following which the court posted the matter for August 21.
Procedures violated: CBI
According to the CBI, Khan, during his tenure as chairman of Delhi Waqf Board from 2016 to 2021, misused his position to make appointments in violation of established rules and procedures. Among these was appointment of Mahboob Alam as CEO of the board, the central agency submitted in its chargesheet.