Delhi HC seeks ED response on Amanatullah plea challenging his arrest in Waqf Board Case

The bench of Justice Neena Bansal Krishna issued notice to the ED and listed the matter for October 18, 2024.

Amanatullah Khan has filed a plea in the Delhi High Court challenging his arrest by the Enforcement Directorate (ED). In his petition, Khan argued that the ED has violated his fundamental and human rights during the arrest process, doing so with impunity. He claims that his arrest constitutes 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 argues 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 giving a statement 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 points 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 concluded by stating that since the legal procedure has been violated in his case, he is seeking relief from the court by invoking its extraordinary writ jurisdiction to address this breach of his fundamental rights. By filing a petition in the Delhi High Court, Khan is contesting the legality of his arrest and seeking relief from the judicial process.

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.

Khan is currently in judicial custody and lodged in Tihar Jail after the court deemed it necessary to keep him in custody pending further investigation

Amanatullah Khan, has been arrested in connection with the purchase of a Rs 36 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.

The ED recently informed the trial court that a supplementary charge sheet will soon be filed against Khan, further detailing the allegations and evidence against him. The agency has already conducted raids and investigations related to the property acquisition and financial dealings, leading to Khan's arrest.

The Enforcement Directorate case against Amanatullah Khan involves two separate FIRs, one is of Central Bureau of Investigation (CBI) FIR relating to alleged irregularities in appointments made at the Delhi Waqf Board during Khan's tenure as its chairperson. Another FIR was filed by Delhi Anti-Corruption Branch (ACB) concerning an alleged case of disproportionate assets. Both investigations are part of a broader scrutiny of Khan's financial dealings and official conduct. (ANI)