New Delhi [India], April 6 : The Rouse Avenue Court on Saturday reserved the order on the Enforcement Directorate's complaint against Aam Aadmi Party (AAP) MLA Amanatullah Khan for allegedly avoiding the summons issued to him in the Delhi Waqf Board Money Laundering case.
The Additional Chief Metropolitan Magistrate (ACMM) Divya Malhotra after hearing the ED's submissions reserved the order and fixed the matter for passing of order on April 9, 2024
On Friday, the Enforcement Directorate has moved an complaint under section 174 IPC, 1860 read with section 63 (4) of PMLA, 2002 for non-attendance in compliance of Section 50, PMLA, 2002 Special public prosecutor (SPP) Simon Benjamin appeared for Enforcement Directorate in the matter.
The federal probe agency has alleged that Amanatullah Khan has elevated his role from witness to accused by filing anticipatory bail plea and running away from the investigation. ED lawyer further stated that they were never able to conclude probe against him is because he is not presenting himself before the agency.
"All the other persons are the aides of this particular person. His role is much larger than the other accused persons who have been already arrested and chargesheeted," Advocate Simon Benjamin added.
Recently, the Delhi High Court dismissed Amanatullah Khan's anticipatory bail plea and said that elected representatives and public figures are not above the the law. A separate class cannot be created for political leaders. This Court cannot allow a new jurisprudence or a new set of rules, the High Court said.
"Even the lawmakers should know that disobeying the law will have legal consequences as all citizens are equal in the eyes of the law," justice Sharma had said.
The Court further said that investigating agencies in India had the right to conduct an investigation. To conclude a MLA or any public figure are not above the law of the land.
"Actions of such public figures are observed closely by the public. This sets a bad precedent," High court pointed out.
The High Court had observed the AAP MLA avoided several summons issued by the ED. The High Court said that such avoidance of multiple summons is impermissible by law.
The High court also noted that the property in question was purchased for Rs 36 Crore and Rs. 27 crores were paid in cash. The existence of two agreement to sell also create doubt.
The high court said, "People also have a right to know what is the truth when their leader whom they have elected is being probed."
The Rouse Avenue court on March 1 dismissed the anticipatory bail plea of AAP MLA Amanatullah Khan. This case is related to the Purchase of a property Rs. 36 crore in Okhla area on the alleged behest of Amanatullah Khan who is also sitting MLA from that area.
A charge sheet has already filed against four accused persons and one firm. It has been alleged that Rs. 100 crore Waqf Properties were given on lease illegally. It is also alleged that 32 contractual employees were appointed in Delhi Waqf Board during chairmanship of Amanatullah Khan flouting the rules.