Delhi Waqf Board money laundering case: Court issues notice to ED on AAP MLA Amanatullah Khan's anticipatory bail plea

New Delhi [India], February 19 : The Rouse Avenue Court on Monday issued notice to the Enforcement Directorate (ED) on AAP MLA Amanatullah Khan's plea seeking anticipatory bail in the Delhi Waqf Board money laundering case. He has been summoned by the ED for today.
Special judge Rakesh Syal issued notice to ED and listed the matter for further hearing on Tuesday.
The anticipatory bail application was moved through advocate Rajat Bhardwaj.
Senior advocate Menaka Guruswamy argued and prayed for interim protection. However, the court refused to grant the relief.
Guruswamy submitted that Khan had been summoned in a money laundering case.
She submitted that the issue is filing two FIRs regarding the same case. The first FIR of November 23, 2016, was filed by CBI.
The allegation is that the petitioner was wrongfully appointed as chairman of the Delhi Waqf Board.
The agency closed the matter and termed it as administrative irregularities but they used it in filing a second FIR.
"It is a cardinal principle of criminal law that there cannot be two FIRs for one cause. In the two FIRs they tried to restart the case," the senior advocate submitted.
She also submitted that the bail orders in both cases arrived at the same conclusion that there was no loss to the exchequer.
It was stated there is an allegation that 33 contractual employees were recruited and there were irregularities in the said appointments.
"It was also noted in the bail orders that there was no bribe paid, and no recoveries were made. Then there is no question of proceeds of crime," She added.
"For the two allegations of the leasing of property, it was concluded that there was no evidence of loss to the exchequer and it was concluded that they were administrative irregularities," she submitted.
The senior counsel also said that three sets of summons have come adding, "The last summon I complied with was through an AR, and I submitted my mobile phone. The third summon was for today."
"Have the applicant appear before ED," the court asked. The counsel submitted that the applicant is before the court today and urged the court to grant protection till the next date of the hearing.
Earlier, he had challenged the summons issued by the ED at the high court. However, the petition was withdrawn by him.
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 charge sheeted four persons Zeeshan Haider, Javed Imam Siddiqui, Dawood Nasir, and Qausar Imam Siddiqui.
During the hearing on consideration of the Charge sheet, ED had alleged that a property of Rs 36 crores was purchased with the ill-gotten money on the behest of AAP MLA Amanat Ullah Khan. He handed over Rs. 8 crore in cash.
In response to a question related to the role of Amanatullah 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 during the investigation of this PMLA case, ED considered the FIRs were registered earlier, by the CBI, ACB and Delhi police.
It was further submitted that ACB requested for investigation under PMLA against MLA and then chairman Amanat Ullah Khan. Properties allegedly were 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, ED had submitted.
During the searches, three diaries were also recovered. Qausar Imam Siddiqui maintained these diaries.
Regarding the recovery of illegal weapons, an FIR was registered at police station Jamia Nagar under the section of the Arms Act.
It was also alleged that he purchased properties in the name of his benamidar Zeeshan Haider.
SPP Jain has also submitted that Diaries reveal 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 the banking channel by accused Zeeshan and Dawood Nasir to Javed Imam Siddiqui, Jain had submitted.
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 the accused. This transaction is supported by a diary, an agreement to sell.
ED submitted that this property was bought at the behest of Amanat Ullah Khan. Qausar Imam Siddiqui is the cousin and 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," ED argued.
"It shows that they manipulated the front page. It is tampering with the evidence," ED's counsel added.
He also submitted that out of Rs 36 crore, Rs 27 crore cash transaction is evident. It is a clear-cut established against the accused persons and fits the case to summon the accused persons.