The Delhi High Court has sought the response of the Enforcement Directorate on a petition filed by Aam Aadmi Party MLA Amanatullah Khan challenging his arrest by ED in a money laundering case related to the alleged irregularities in the Delhi Waqf Board recruitment during his chairmanship.
The single-judge Bench of Justice Neena Bansal Krishna on Thursday issued notice to ED, directing the agency to file reply within 15 days and listed the matter for further hearing on October 18.
ED had arrested Khan on September 2 after conducting searches at his residence. The AAP leader has been remanded to judicial custody till September 23.
A coordinate bench denied bail to the accused on March 11. Khan then moved the Supreme Court, which refused to entertain his petition on April 23.
Appearing for ED, Special Counsel Zoheb Hossain raised preliminary objection on the maintainability of Khan’s plea on the grounds of suppression.
He said there was suppression in the plea regarding the dismissal of Khan’s anticipatory bail by a coordinate bench on the same grounds of arrest.
Hossain said the Supreme Court held that if there was suppression in writ jurisdiction, a party could be thrown out even without discussion on merits.
The counsel said Khan had appeared before the High Court with the same material under Section 45 of the Prevention of Money Laundering Act (PMLA), after his anticipatory bail was dismissed by a coordinate bench.
The Supreme Court refused to entertain his SLP. He did not place the judgment of this court, which held that the petitioner did not satisfy the twin test of Section 45 PMLA.
Senior Advocate Vikram Chaudhari, representing Khan, refuted the preliminary objection. He contended that ED had some kind of ‘impression of invincibility’. The agency would get into the Court and try to get some audience. He said Khan’s arrest was patently illegal, adding that there was full disclosure in the petition.
Chaudhari further submitted that suppression was within his understanding. The petitioner had approached the courts below, added the lawyer.
The High Court, while issuing notice to ED, observed that the agency’s preliminary objections would remain open.
Khan contended in his petition that his arrest by ED constituted an unprecedented assault on his fundamental rights. He submitted that his detention reeked of ‘vengeance,’ and was motivated by ‘oblique political intentions’ to harass him.
As per ED, while working as chairman of the Delhi Waqf Board, Khan illegally recruited various people in violation of norms and government guidelines. He 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, it added.
Three alleged associates of Khan namely Zeeshan Haider, Daud Nasir and Jawed Imam Siddiqui, were arrested by the central agency in November last year.
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