The Delhi High Court on Wednesday denied a request to stay the trial court proceedings against Aam Aadmi Party (AAP) MLA Amanatullah Khan in connection with his failure to comply with Enforcement Directorate (ED) summons regarding an investigation into alleged money laundering and recruitment irregularities at the Delhi Waqf Board.
Through his petition, Khan challenged the trial court’s decision to summon him. The ED opposed the petition, asserting that it was not maintainable. Justice Manoj Kumar Ohri directed that the trial court records be obtained and scheduled for the next hearing on February 6, 2025.
The case revolves around allegations of financial irregularities at the Delhi Waqf Board during Khan’s tenure as chairman, including unlawful recruitment practices and property purchases. Initially, the Anti-Corruption Bureau (ACB) had booked him, and based on this, the ED registered its money laundering case under the Prevention of Money Laundering Act (PMLA). The ED’s investigation was further fueled by a case filed by the Central Bureau of Investigation (CBI) on the same issues.
Khan was arrested on September 2 by the ED after both the Delhi High Court and the Supreme Court rejected his anticipatory bail plea. Following his arrest, Khan challenged his detention and remand in the High Court, which is still pending.
The ED had issued multiple summonses to Khan as part of its investigation, but he failed to appear before the agency despite submitting written responses. The ED argued that Khan’s repeated failure to comply with summons was a deliberate attempt to obstruct the investigation. Khan defended himself by claiming that he missed the summons due to personal and professional commitments and not out of willful disobedience.
In response to his failure to appear, the Delhi magistrate issued a process against Khan under Section 174 of the Indian Penal Code (IPC), which addresses non-compliance with summons from public servants. Khan appealed this decision in a revision court, which upheld the magistrate’s order and noted that Khan could face action under Section 63 of the PMLA. This was then appealed before the Delhi High Court.
Simultaneously, a trial court had recently granted Khan’s release from judicial custody after refusing to take cognizance of a supplementary prosecution complaint filed by the ED. Given his position as a public servant, the court cited the absence of required sanction to prosecute Khan.
The case is ongoing, with the next hearing scheduled for February 6, 2025, as the legal proceedings unfold.properprosperous
