Investigation under PMLA against Amanatulla Khan is based on multiple FIRs: ED tells Delhi HC

New Delhi [India], October 18 : The Enforcement Directorate (ED) on Friday informed the Delhi High Court that its investigation into AAP's leader Amanatullah Khan under the Prevention of Money Laundering Act (PMLA) is based on the multiple FIRs.
The ED opposed Khan's plea challenging his arrest in connection with a money laundering case linked to alleged irregularities in appointments at the Delhi Waqf Board during his time as chairperson. The court has sought the ED's response to Khan's petition.
The Enforcement Directorate (ED) alleged that Amanatullah Khan is misleading the court by referencing the outcome of one FIR while neglecting to mention ongoing investigations related to other FIRs.
The ED stated that evidence gathered during the investigation, including statements recorded under Section 50, indicates that Khan appointed individuals close to him, circumventing legal procedures and committing multiple irregularities for personal gain during his tenure as Chairman of the Delhi Waqf Board.
The Enforcement Directorate (ED) further stated that Amanatullah Khan's arrest was conducted in compliance with the safeguards outlined in Section 19 of the PMLA, as noted in the remand order by the Special Judge.
The ED also submitted that Khan's claims regarding the predicate offence are without merit, emphasizing that offences under the PMLA are independent of those in the predicate case, and any orders from the latter do not affect PMLA proceedings.
The case was scheduled for a hearing on Friday before Justice Manoj Kumar Ohri but has been adjourned to December 17, 2024. The court noted that the Enforcement Directorate's (ED) response had not come on record yet.
Senior advocate Vikram Choudhari appeared for Amanatullah and called for an earlier hearing, expressing concerns that the lengthy adjournment could undermine the petitioner's objectives in approaching the Delhi High Court.
Amanatullah Khan recently moved Delhi High Court challenging his arrest by the Enforcement Directorate (ED). In his petition, Khan argued that the ED had violated his fundamental and human rights during the arrest process, doing so with impunity.
He claimed that his arrest constituted an "unprecedented assault" on his fundamental rights, which are part of the basic structure of the Indian Constitution. In his plea to the Delhi High Court, Aam Aadmi Party MLA Amanatullah Khan contends that his arrest by the Enforcement Directorate (ED) is a "classic case" of applying the letter of the law without upholding its true substance.
He argued that the ED's actions were illegal and unconstitutional, calling upon the court to nullify the arrest. Khan asserts that his detention reeks of vengeance, motivated by oblique political intentions to persecute and harass him.
In his plea to the Delhi High Court, Aam Aadmi Party MLA Amanat Khan states that his arrest by the Enforcement Directorate (ED) is unjustified, stating that he was detained merely for not providing a statement that would incriminate himself. He asserts that the mere lack of cooperation in not stating as desired by the ED does not constitute valid grounds for arrest.
Khan further contends that the existence of "proceeds of crime" is a sine qua non (essential condition) for the offence of money laundering under the Prevention of Money Laundering Act (PMLA).
He pointed out that the ED has failed to provide any evidence or incriminating information linking him to the processes of placement, layering, or integration of proceeds of crime, which are necessary to establish a money laundering offence. Given this lack of evidence, he argues that there is no basis for his arrest and that it is unjust and illegal to deny him his constitutional right to liberty.
Khan was recently arrested by the Enforcement Directorate (ED) and following his arrest, he was sent in ED remand for several days, during which the ED interrogated him regarding the financial mismanagement and other allegations linked to the case.
Amanatullah Khan has been arrested in connection with the purchase of a Rs36 crore property in Okhla, which is part of the broader investigation by the Enforcement Directorate (ED) into alleged money laundering and irregularities during his tenure as the chairperson of the Delhi Waqf Board.