ED's Case Against Amanatullah Khan: Allegations of Money Laundering

The Enforcement Directorate (ED) is investigating Amanatullah Khan, AAP leader, under the PMLA, based on multiple FIRs. Khan challenges his arrest, citing human rights violations. The ED opposes his plea, providing evidence of irregularities during his tenure at the Delhi Waqf Board. The case is adjourned to December 2024.

The Enforcement Directorate (ED) informed the Delhi High Court on Friday that its probe into AAP leader Amanatullah Khan related to the Prevention of Money Laundering Act (PMLA) stems from multiple FIRs. The agency opposed Khan's legal challenge against his arrest, asserting the connections to alleged malpractices during his role at the Delhi Waqf Board.

The ED accused Khan of misleading the court by selectively referencing one FIR outcome while neglecting ongoing investigations tied to other FIRs. Officials claimed evidence, including statements under Section 50, reveals Khan's involvement in bypassing legal procedures to appoint allies, facilitating irregularities for personal benefit as Delhi Waqf Board Chairman.

Insisting on the legality of Khan's arrest, the ED cited compliance with Section 19 of the PMLA, as observed in the remand order by the Special Judge. The agency countered Khan's assertions about the predicate offence, emphasizing the independent nature of PMLA charges and the irrelevance of any orders from predicate offences to current proceedings.

Justice Manoj Kumar Ohri was set to hear the case last Friday, but the court postponed it to December 17, 2024. With the ED's formal response still pending, senior advocate Vikram Choudhari, representing Khan, urged for an earlier date, warning that the year-long delay could jeopardize his client's objectives in petitioning the High Court.

Amanatullah Khan, meanwhile, has filed a petition accusing the ED of infringing upon his fundamental and human rights during the arrest. He argued that the proceedings symbolize an unprecedented attack on his fundamental rights, central to India's constitutional framework, and characterized his arrest as politically driven persecution.

Presenting his case, Khan called the ED's actions illegitimate and appealed for the judicial annulment of his arrest. He described the detention as vengeful and politically motivated, arguing the lack of incriminating statements attributed to him should not justify the arrest, questioning the legality of proceedings.

Khan challenged the ED's claim of 'proceeds of crime,' an essential aspect of money laundering as per the PMLA, arguing the absence of any proof linking him to money laundering mechanisms such as placement, layering, or integration. Based on this deficiency, Khan deems his arrest unjust, violating his constitutional right to freedom.

The ED arrested Khan in connection with acquiring a 36 crore INR property in Okhla, a segment of the larger investigation into alleged financial misconduct during his leadership at the Delhi Waqf Board.

(With inputs from agencies.)