Waqf Board case: Delhi HC refuses immediate relief to Amanatullah Khan against ED summons

New Delhi : The Delhi High Court on Tuesday refused to give immediate relief to AAP MLA and Waqf Board chief Amanatullah Khan against the summons issued by the Enforcement Directorate (ED) in a Rs 36 crore property case.

Special CBI judge Rakesh Syal, of the Rouse Avenue Courts, had recently taken cognisance of an ED charge sheet filed in the case.

As Khan moved the high court, a division bench of Justices Rekha Palli and Rajnish Bhatnagar, adjourned the matter to be heard on Thursday, seeking clarification on when the summons was initially issued.

Khan has challenged the constitutional validity of Section 50 of the Prevention of Money Laundering Act (PMLA) and has also sought a directive to quash the cases filed by the Anti-Corruption Branch (ACB) and the ED.

Senior advocate Vikram Chaudhari, representing Khan, stressing on the urgency of the matter, stated that he was summoned a week ago to appear before the ED today (Tuesday).

The court, however, responded by stating that relief cannot be sought at the last minute. Now, the matter will come up for hearing on February 1.

The ED had filed the charge sheet against Zeeshan Haider, his partnership firm Skypower, Javed Imam Siddiqui, Dawood Nasir, and Qausar Imam Siddiqui. Allegedly, a property worth Rs 36 crore was acquired with illicit funds, purportedly influenced by Khan, who reportedly handed over Rs 8 crore in cash.

Questioned about Khan's role, the ED's counsel had said that further investigation related to others is ongoing. The counsel had submitted that the accusations in the predicate offence pertain to irregularities in the Delhi Waqf Board, where Khan was allegedly involved in corrupt practices, including misappropriation of Rs 100 crore and providing jobs.

During the investigation, the ED considered FIRs filed earlier by the CBI, ACB, and Delhi Police. The ACB sought a PMLA investigation against Khan, alleging properties were acquired in Delhi, Telangana, and Uttarakhand with alleged ill-gotten money. Searches at premises owned by Hamid Ali Khan and Qausar Imam Siddiqui revealed incriminating evidence and illegal weapons.

The recovered diaries suggested high-value transactions between Khan and Javed Imam Siddiqui, including the purchase of Rs 36 crore plot in Tikona Park, Okhla.

The court was informed that an agreement to sell of Rs 36 crore, recovered from the accused mobile, was manipulated, indicating tampering with evidence. The ED said that the property was bought at Khan's behest, and the court was presented with evidence of Rs 27 crore cash transaction, making it a compelling case to summon the accused persons.