A Delhi court on Thursday ordered the release of Aam Aadmi Party MLA Amanatullah Khan in a case registered against him by the Directorate of Enforcement (ED) over alleged irregularities in the Delhi Waqf Board recruitment during his chairmanship.
Special Judge Jitender Singh of the Rouse Avenue Courts held that there was no legal ground to justify further detention of the accused in custody.
The court refused to take cognisance of the supplementary charge sheet filed by ED against Khan under the Prevention of Money Laundering Act (PMLA) over lack of requisite sanction in terms of Section 197 (1) of Cr.P.C.
It said keeping the accused in custody, when the cognisance has been declined for the absence of sanction under Section 197 (1) Cr.P.C., would tantamount to illegal custody. The judge added that no sanction from the competent authority or Government was placed on record against Khan.
Exercising power under Section 59 of Cr.P.C. (analogous Section 60 of BNSS, 2023), the Rouse Avenue court ordered the release of Khan on a personal bond of Rs one lakh with one surety of the like amount, for securing his presence in case the sanction was obtained and filed by the complainant in future.
The Judge further held that there was no evidence to proceed against one Mariyam Siddiqui, also named as an accused in ED’s supplementary charge sheet.
As per the national agency, Khan, while working as Chairman of the Delhi Waqf Board, illegally recruited various people in violation of norms and government guidelines.
Khan also 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, adde the agency.
ED had arrested Khan on September 2 after conducting search at his residence.
On March 11, a coordinate Bench denied bail to the AAP leader. On April 23, the Supreme Court refused to entertain his petition against the verdict.