 "Delhi High Court")
The Delhi High Court on Thursday questioned the maintainability of AAP MLA Amanat Ullah Khan, challenging the summons issued to him in the Delhi Waqf Board Money Laundering case. The high court has not granted any immediate relief to him.
Division bench of justices Rekha Palli and Rajnish Bhatnagar re-notified the matter at the request of counsel for Amanat Ullah Khan for February 7. The senior counsel representing Amanat Ullah Khan was not available today.
However during the hearing Justice Rekha Palli questioned the maintainability of the plea.
She said we have issues with the maintainability of the petition as you have not challenged the vires (validity) of the Act. If you would have it should have gone to the supreme court.
She added otherwise it should have been listed before the single bench.
The bench said that we are neither issuing any notice not passing any interim order.
Advocate Zoheb Hossain said that the petitioner did not appear before ED.
On Tuesday, the Delhi High Court refused to grant immediate relief to Amanat Ullah Khan against the summons issued to him by the ED and listed the matter for hearing on Thursday.
The AAP MLA has challenged the summons issued to him by the Enforcement Directorate (ED) to appear in person.
Senior advocate Vikram Chaudhari submitted that he was summoned week ago by the ED to appear before it today. There is urgency to hear the matter.
The bench said, " You can't ask for relief at the last minute."
The counsel for ED sought adjournment. Thereafter, the matter was adjourned till Thursday.
The bench said that there is no urgency in the matter.
The petition has been filed by advocate Rajat Bhardwaj.
The Rouse Avenue court on January 19, 2024, took cognizance of the prosecution complaint (charge sheet) filed by the Enforcement Directorate (ED) in the Delhi Waqf Board Money Launderig case.
ED has charge sheeted four persons: Zeeshan Haider, his partnership Sky Power, Javed Imam Siddiqui, Dawood Nasir, and Qausar Imam Siddiqui.
ED has alleged money laundering in the purchase and sale of Rs 36 crore of property on the behest of AAP MLA Amanat Ullah Khan.
ED has already filed a prosecution complaint (charge sheet) against accused Zeeshan Haider, his partnership firm Skypower, Javed Imam Siddiqui, Dawood Nasir and Qausar Siddiqui.
It is alleged by the ED that a property worth Rs. 36 crore was purchased with ill-gotten money at the behest of AAP MLA Amanat Ullah Khan. He himself handed over Rs. 8 crore in cash.
In response to a question related to the role of Amanat Ullah Khan, ED's counsel submitted that further investigation related to the role of others is going on.
Special Public Prosecutor (SPP) Manish Jain and advocate Ishan Baisla for ED had submitted that the allegations in the predicate offence related to irregularities in the Delhi Waqf Board are how the main accused, Amanat Ullah, was involved in corrupt practices.
It was also submitted that during the investigation of this PMLA case, ED considered that the FIRs were registered earlier by the CBI, ACB and Delhi police.
It was further submitted that ACB requested for investigation under PMLA against MLA and then chairmain Amanat Ullah Khan. Properties allegedly were made at Delhi, Telengana and Uttrakhand with alleged illgotten money.
ACB conducted searches at the premises owned and controlled by Hamid Ali Khan and Qausar Imam Siddiqui. Incriminating evidence and illegal weapons were recovered.
During the searches, three diaries were also recovered. Qausar Imam Siddiqui was maintaining these diaries.
In relation to the recovery of illegal weapons, an FIR was registered at the police station in Jamia Nagar under the Arms Act.
It was also alleged that he purchased properties in the name of his benamidar, Zeeshan Haider.
SPP Jain also submitted that the diary reveals a high-value transaction between Amanat Ullah and Javed Imam Siddiqui, including the purchase of a plot measuring 1200 square yards in Tikona Park, Okhla.
This particular property was purchased for Rs. 36 crore and this transaction is supported by the diary. Rs. 8 crore in cash was handed over by Amanat Ullah. Rs. 9 crore was paid through the banking channel by accused Zeeshan and Dawood Nasir to Javed Imam Siddiqui.
SPP Jain said that the original owner of the property is Aisha Kanwar, who bought it in 2019. It was sold to the accused, Zeeshan and Dawood, in 2021.
An agreement to sell of Rs. 36 crore was recovered from the mobile of accused. This transaction is supported by a diary, an agreement to sell and the behest of Amanat Ullah.
ED submitted that this property was bought at the behest of Amanat Ullah Khan. Qausar Imam Siddiqui is the cousin and brother of Javed Imam Siddiqui.
Instead of placing the original agreement of Rs. 36 crore, another agreement of Rs. 13.40 crore was created and produced.
It shows that they manipulated the front page. It is tampering with the evidence, ED's counsel argued.
He also submitted that out of Rs 36 crore, a Rs 27 crore cash transaction is evident. It is a clear cut established against the accused persons and a fit case to summon the accused persons.
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