NEW DELHI: The Delhi high court on Thursday has issued a notice to the Enforcement Directorate (ED) in response to a petition filed by Aam Aadmi Party (AAP) MLA Amanatullah Khan challenging his recent arrest in a money laundering case. Khan, the Okhla MLA, was arrested in connection with alleged irregularities in appointments made at the Delhi Waqf Board during his tenure as its chairperson.
In his petition, Khan argued that the ED had violated his fundamental and human rights during the arrest process, terming it an "unprecedented assault" on the basic structure of the Indian Constitution. He contended that the ED's actions were illegal and unconstitutional, claiming that his arrest was politically motivated to harass and persecute him.
Khan further claimed that his arrest is a "classic case" of the law being applied without upholding its true substance. He argued that the ED had failed to provide any evidence or incriminating information linking him to the alleged offence of money laundering under the Prevention of Money Laundering Act ( PMLA ). Khan stressed that the existence of "proceeds of crime" is a sine qua non (essential condition) for a money laundering offence, and the ED had not established any such connection.
The plea stated that Khan was detained solely for not providing a self-incriminating statement, which, according to him, does not constitute valid grounds for arrest. He argued that this lack of cooperation does not justify the denial of his constitutional right to liberty.
Khan, currently in judicial custody at Tihar Jail , is seeking relief from the Delhi high court by invoking its extraordinary writ jurisdiction. He called for the court to nullify his arrest, claiming that the legal procedure in his case had been violated. The court is expected to hear his plea on Wednesday.
Amanatullah Khan was arrested following an investigation into a Rs 36 crore property acquisition in Okhla, which is part of a larger probe by the ED into alleged money laundering and financial irregularities during his tenure as Delhi Waqf Board chairperson. The ED has informed the trial court that a supplementary charge sheet will soon be filed, further detailing the allegations and evidence against Khan.
The case against Khan involves two separate FIRs: one filed by the Central Bureau of Investigation (CBI) relating to irregularities in appointments at the Waqf Board, and another by the Delhi Anti-Corruption Branch (ACB) concerning an alleged case of disproportionate assets. These investigations are part of broader scrutiny into Khan's financial dealings and official conduct.
Following his arrest, Khan was remanded to ED custody for several days for interrogation regarding the financial mismanagement and other allegations in the case.
In his petition, Khan argued that the ED had violated his fundamental and human rights during the arrest process, terming it an "unprecedented assault" on the basic structure of the Indian Constitution. He contended that the ED's actions were illegal and unconstitutional, claiming that his arrest was politically motivated to harass and persecute him.
Khan further claimed that his arrest is a "classic case" of the law being applied without upholding its true substance. He argued that the ED had failed to provide any evidence or incriminating information linking him to the alleged offence of money laundering under the Prevention of Money Laundering Act ( PMLA ). Khan stressed that the existence of "proceeds of crime" is a sine qua non (essential condition) for a money laundering offence, and the ED had not established any such connection.
The plea stated that Khan was detained solely for not providing a self-incriminating statement, which, according to him, does not constitute valid grounds for arrest. He argued that this lack of cooperation does not justify the denial of his constitutional right to liberty.
Khan, currently in judicial custody at Tihar Jail , is seeking relief from the Delhi high court by invoking its extraordinary writ jurisdiction. He called for the court to nullify his arrest, claiming that the legal procedure in his case had been violated. The court is expected to hear his plea on Wednesday.
Amanatullah Khan was arrested following an investigation into a Rs 36 crore property acquisition in Okhla, which is part of a larger probe by the ED into alleged money laundering and financial irregularities during his tenure as Delhi Waqf Board chairperson. The ED has informed the trial court that a supplementary charge sheet will soon be filed, further detailing the allegations and evidence against Khan.
The case against Khan involves two separate FIRs: one filed by the Central Bureau of Investigation (CBI) relating to irregularities in appointments at the Waqf Board, and another by the Delhi Anti-Corruption Branch (ACB) concerning an alleged case of disproportionate assets. These investigations are part of broader scrutiny into Khan's financial dealings and official conduct.
Following his arrest, Khan was remanded to ED custody for several days for interrogation regarding the financial mismanagement and other allegations in the case.
