Delhi HC refuses to grant immediate relief against summons to Amanat Ullah Khan in Waqf Board money laundering case

New Delhi [India], January 30 : The Delhi High Court has refused to grant immediate relief to Amanat Ullah Khan against the summons issued to him by the ED and listed the matter for hearing on Thursday.
The Division bench comprising justices Rekha Palli and Rajnish Bhatnagar before adjourning the matter asked when the summons was issued.
Senior advocate Vikram Chaudhari submitted that he was summoned a week ago by the ED to appear before it today.
"There is an urgency to hear the matter," he said.
To this, the bench said, "You can't ask for relief at the last minute."
Counsel for ED sought adjournment. Thereafter, the matter was adjourned until Thursday.
The bench said that there was no urgency in the matter.
He has also challenged the constitutional validity of Section 50 of the PMLA. He has also sought a direction to quash the cases of ACB and ED.
The petition has been filed by advocate Rajat Bhardwaj.
The Rouse Avenue court on January 19, 2024, took cognizance of the prosecution complaint (charge sheet) filed by the Enforcement Directorate (ED) in the Delhi Waqf Board Money Laundering case.
ED has charged four persons-- Zeeshan Haider his partnership Sky power, Javed Imam Siddiqui, Dawood Nasir, Qausar Imam Siddiqui.
ED has alleged money laundering in the purchase and sale of Rs. 36 crore of property on the behest of AAP MLA Amanat Ullah Khan.
ED has already filed a prosecution complaint (charge sheet) against accused Zeeshan Haider, his partnership firm Skypower, Javed Imam Siddiqui, Dawood Nasir, and Qausar Siddiqui.
It is alleged by the ED that a property of Rs. 36 crore was purchased with the ill-gotten money on the behest of AAP MLA Amanat Ullah Khan. He himself handed over Rs. 8 crore in cash.
In response to a question related to the role of Amanat Ullah Khan, ED's counsel had submitted that further investigation related to the role of others is going on.
Special Public Prosecutor (SPP) Manish Jain for ED had submitted that the allegations in the predicate offence related to irregularities in the Delhi Waqf Board are how the main accused, Amanat Ullah, was involved in corrupt practices.
It was also submitted that during the investigation of this PMLA case, ED considered that the FIRs were registered earlier by the CBI, ACB, and Delhi police.
It was further submitted that ACB requested an investigation under PMLA against MLA and then chairperson Amanat Ullah Khan. Properties were allegedly made in Delhi, Telengana, and Uttrakhand with alleged ill-gotten money.
ACB conducted searches at the premises owned and controlled by Hamid Ali Khan and Qausar Imam Siddiqui. Incriminating evidence and illegal weapons were recovered.
During the searches, three diaries were also recovered. Qausar Imam Siddiqui was maintaining these diaries.
In relation to the recovery of illegal weapons, an FIR was registered at the police station in Jamia Nagar under the Arms Act.
It was also alleged that he purchased properties in the name of his benamidar Zeeshan Haider.
SPP Jain also submitted that Diaries reveals high value transaction between Amanat Ullah and Javed Imam Siddiqui including purchasing of a plot measure 1200 Square Yards in Tikona Park, in Okhla.
This particular property was purchased for Rs. 36 crore and this transaction is supported by the diary. Rs. 8 crore cash was handed over by Amanat Ullah. Rs. 9 crore was paid through banking channel by accused Zeeshan and Dawood Nasir to Javed Imam Siddiqui.
SPP Jain said that the original owner of the property is Aisha Kanwar, who bought it in 2019. It was sold to the accused, Zeeshan and Dawood, in 2021.
An agreement to sell of Rs. 36 crore was recovered from the mobile of accused. This transaction is supported by a diary, an agreement to sell, and the behest of Amanat Ullah.
ED submitted that this property was bought at the behest of Amanat Ullah Khan. Qausar Imam Siddiqui is the cousin brother of Javed Imam Siddiqui.
Instead of placing the original agreement of Rs. 36 crore, another agreement of Rs. 13.40 crore was created and produced.
It shows that they manipulated the front page. It is tampering with the evidence, ED's counsel argued.
He also submitted that out of Rs. 36 crore, a Rs. 27 crore cash transaction is evident. It is a clear cut established against the accused persons and a fit case to summon the accused persons.