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ED moves HC against order releasing AAP MLA
Trial court recently declined to take the cognisance of the alleged offence of money laundering under the Prevention of Money laundering Act against Khan, citing the lack of requisite sanction to prosecute him
New Delhi : The Enforcement Directorate (ED) on Monday moved the Delhi High Court against a trial court order refusing to take cognisance of a chargesheet filed against AAP MLA Amanatullah Khan and releasing him in a money laundering case related to alleged irregularities in the Delhi Waqf Board.
Justice Manoj Kumar Ohri asked the ED to place before it the various orders passed by the trial court in the case.
"The issue of sanction is staring at you. You have to first show it to me. You have to take a concrete stand on the issue (of sanction) and not by mentioning it as a ground in your petition because this will be contested," remarked Justice Ohri.
The trial court recently declined to take the cognisance of the alleged offence of money laundering under the Prevention of Money laundering Act against Khan, citing the lack of requisite sanction to prosecute him. The matter will come up on January 13, 2025 for hearing.
The ED's counsel earlier contended that the trial court recorded sufficient grounds to proceed against Khan after going through the prosecution complaint but noted that before he was summoned it was a prerequisite to find out if the cognisance could be taken in the absence of sanction against him. He relied on a Supreme Court decision to argue that the lack of sanction was a "curable defect" and the prosecution may be permitted to seek it.
The trial court, in its order, said there was no legal ground to justify the further detention of the accused in custody. The ED on October 29 filed a 110-page first supplementary prosecution complaint (equivalent to a chargesheet), alleging Khan laundered money, which was purportedly generated through corruption in the Delhi Waqf Board.
The chargesheet also named one Mariam Siddiqui, who was not arrested as an accused by the ED in the case. The court said there was no evidence to proceed against Siddiqui and discharged her. The ED urged the court to take cognisance of the chargesheet and said there was sufficient evidence to prosecute Khan and others in the case registered under the provisions of the Prevention of Money Laundering Act. Khan was arrested on September 2 under the provisions of the PMLA by the ED, which searched his house in Delhi's Okhla area.
