NEW DELHI: A Delhi court on Wednesday granted bail to AAP MLA Amanatullah Khan in a case related to alleged irregularities in the Waqf Board, saying that "prima facie the allegations against the accused are not grave and serious in nature".
According to the FIR, Khan while working as chairman of the Delhi Waqf Board had indulged in several irregularities, including illegally recruiting 32 people by violating all norms and government guidelines.
The court said that as per the statement of the Waqf Board's CEO, it was "prima facie shown that the accused being the Chairman of Delhi Waqf Board went ahead with the recruitment in violation of the instruction of the Delhi government, just to favour his relatives and members of his constituency."
But, there was no material on record to show that Khan had received a bribe from any contractual employee, the court said.
The Waqf Board had previously recruited employees, without the existence of any rules, and there was no material on record to show that any of the recruited employees had paid bride to Khan, the court said.
Regarding leasing of Waqf properties, the court noted that prima facie, no loss was caused to the public exchequer with regard to the creation of tenancies.
There was also no material on record to show the entrustment of the Waqf fund to Khan or his exclusive dominion over it, nor was there any evidence to prove that any contractual employee after withdrawing the salary amount had repaid it to the accused, the court said.
Further, the court said that "prima facie entrustment of funds to the accused or its misappropriation is not made out."
"From the aforesaid discussion, it can be prima facie held that allegations against the accused are not grave and serious in nature," the court said.
The court then noted that out of 24 cases against Khan, he was acquitted or discharged in 20 cases and during the alleged assault on Anti-Corruption Branch officials, the accused was in their custody.
The court said that as a sitting MLA, Khan was not a flight risk and there was no chance of tampering with already seized primary evidence, which was documentary in nature.
"In the facts and circumstances, having regard to the principles governing the grant of bail as mentioned hereinabove, the application filed by the accused is allowed and he is admitted to bail subject to his furnishing personal bond in the sum of Rs 1 lakh with one surety of the like amount." special judge Vikas Dhull said.
The court, however, made it clear that it was not expressing any opinion on the merits of the case. The Anti-Corruption Branch (ACB) arrested Khan after conducting raids at his premises on September 16.
The then CEO of Delhi Waqf Board had clearly given a statement and issued a memorandum against such illegal recruitment, the FIR said.
Further, it was alleged that as chairman of the Delhi Waqf Board, Khan rented out several properties of the Waqf Board illegally amid allegations of corruption and favouritism, it added.
The FIR also alleged that Khan misappropriated funds of the Waqf Board comprising grants-in-aid from the Delhi government.