Waqf Board Case: The Rouse Avenue court on Thursday ordered the release of AAP MLA Amanatullah Khan in the Delhi Waqf Board Money laundering case. Special Judge Jitendra Singh declined cognizance against Khan in the absence of sanction to prosecute him. The court directed to release him on a bond of Rs 1 lakh and one surety in the like amount.

The case is related to alleged money laundering in the purchase of a property worth Rs 36 crores.

Advocate Rajat Bhardwaj along with Kaustubh Khanna and Mohd. Irshad Khan appeared for Amanatullah Khan.

ED had filed a supplementary charge sheet against Amanatullah Khan and Mariam Siddiqui on October 29. It had arrested Amanatullah Khan from his Okhla residence in connection with a money laundering case related to irregularities in appointments at the Delhi Waqf Board during his tenure as its chairman. Mariam Siddiqui was charge-sheeted without arrest.

What Did The Court Say?

The court said that there was sufficient evidence against Khan. However, there is no sanction to prosecute him. The court has therefore said that the cognizance is declined.

The trial court said that apparently, the prerequisite conditions for applicability of Section 197 of CrPC are satisfied in the mast case. The applicability of Section 197 of CrPC with respect to PMLA explained by the Supreme Court in its recent judgment titled “Directorate of Enforcement vs. Bibbu Prasad Acharya and Others” whereby it has been held that the special court cannot take cognizance of the offences under PMLA in absence of previous sanction ws 197 (1) of CPC paint the public servant.

“Perusal of record reveals that as such no sanction from the competent authority Government has been placed on record against A-6. Thus, cognizance against A-6 (Amanat Ullah Khan) is declined for the offence defined under section 3 and punishable under section 4 of the PMLA for the lack of requisite sanction in terms of Section 197 (1) of CrPC.” the special judge said in the order.

The court also said that there is no evidence against Mariam Siddiqui.

The Rouse Avenue Court of Delhi, on Wednesday, had reserved its orders on whether to take cognizance of the supplementary chargesheet filed by the Enforcement Directorate (ED) in the Delhi Waqf Board money laundering case.

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