Waqf Board Case: Delhi High Court Issues Notice On AAP MLA Amanatullah Khan's Plea Challenging Arrest, ED Objects On Maintainability

The Delhi High Court on Thursday issued notice on a plea filed by Aam Aadmi Party (AAP) MLA Amanatullah Khan challenging his arrest by the Enforcement Directorate (ED) in a money laundering case connected to the alleged irregularities in the Delhi Waqf Board recruitment during his chairmanship.

Justice Neena Bansal Krishna sought response of ED within 15 days and listed the matter for hearing next on October 18.

Khan was arrested by ED on September 02 after searches were conducted by the central probe agency at his residence. He has been remanded to judicial custody till September 23.

Khan was denied anticipatory bail by a coordinate bench on March 11. Later, the Supreme Court, on April 23, refused to entertain his petition against the verdict.

Senior Advocate Vikram Chaudhari appeared for Khan. Special Counsel Zoheb Hossain appeared for ED.

At the outset, Hossain raised preliminary objection on the maintainability of Khan's plea on the grounds of suppression. He said that there was suppression in the plea regarding dismissal of Khan's anticipatory bail by a coordinate bench on the same material (grounds of arrest).

Hossain said that the Supreme Court has held that if there is suppression in writ jurisdiction, a party can be “thrown out” even without discussion on merits. “Same petitioner, same material on Section 45 [of PMLA], anticipatory bail dismissed [by a coordinate bench]. Supreme Court doesn't entertain his SLP. See the kind of disclosure. He doesn't place the judgment of this court. Same material considered and this court has held that you don't satisfy the twin test of Section 45,” he said.

Refuting the preliminary objection, Chaudhari said that ED has “some kind of impression of invincibility” and will get into the Court and try to “get some audience.” He said that Khan's arrest is patently illegal, adding that there was full disclosure in the petition.

“Suppression is within his understanding. What have I concealed? I said I have approached the courts below,” he said.

While issuing notice on the plea, Court listed the matter for hearing on October 18. ED's preliminary objections to remain open.

In his plea, Khan has contended that his arrest by ED constitutes an unprecedented assault on his fundamental rights. He has submitted that his detention “reeks of vengeance” and is motivated by “oblique political intentions to harass him.”

The case alleges that Amanatullah Khan, while working as chairman of the Delhi Waqf Board, illegally recruited various people in violation of norms and government guidelines.

ED has alleged that Khan acquired huge proceeds of crime in cash from illegal recruitment of staff in the Delhi Waqf Board and invested the same to purchase immovable assets in the name of his associates.

Three alleged associates of Amanatullah Khan namely Zeeshan Haider, Daud Nasir and Jawed Imam Siddiqui, were arrested by the central agency in November last year.

Title: Amanatullah Khan v. ED