The Enforcement Directorate (ED) on Thursday arrested AAP MLA Amanatullah Khan in a money laundering case related to “illegal recruitment” by the Delhi Waqf Board. On Monday, the Supreme Court refused to grant anticipatory bail to Khan in the case. A top court bench of Justices Sanjiv Khanna and Dipankar Datta asked Khan to appear before the anti-corruption agency on April 18 at 11 am.
The money laundering case against Khan is based on a Central Bureau of Investigation FIR and three Delhi Police complaints.
As per CBI's charges, Khan had acquired huge proceeds of crime in cash through the illegal recruitment of staff in the Delhi Waqf Board and invested those to purchase immovable assets in the name of his associates.
The ED claimed that illegal recruitment occurred at the Waqf Board and unfair personal gains were made through the improper leasing of properties during Khan's tenure as chairman from 2018 to 2022.
The SC on Moday cautioned the ED against unnecessarily exercising the right to arrest under the Prevention of Money Laundering Act (PMLA).
"You arrest him in case there is material. In case, there is no material, do not arrest him. You have to follow Section 19 of the PMLA. Right to arrest should not be taken for granted," said the bench to ED's counsel, Additional Solicitor General (ASG) SV Raju.
The bench, in its order, stated, "It is pointed out by the senior advocate appearing for the petitioner that ED has filed an application for the issuance of non-bailable warrants before the Special Court. He stated that the petitioner would appear before the officers of ED on April 18, 2024, at 11 am... In case the petitioner appears, the ED shall withdraw the application filed before the Special Court."
Khan had earlier approached the Delhi HC after his application for anticipatory bail in the case was rejected by a trial court on March 1.