The Rouse Avenue Court on Tuesday issued summons to Aam Aadmi Parry (AAP) MLA Amanatullah Khan on the basis of the Enforcement Directorate's recent complaint filed against him for allegedly non-attendance of the summons in the Delhi Waqf Board Money Laundering case.
The Additional Chief Metropolitan Magistrate (ACMM), Divya Malhotra, after hearing the ED's submissions, took cognizance of ED's complaint and moved a complaint under section 174 IPC, 1860, read with section 63 (4) of PMLA, 2002 for non-attendance in compliance of Section 50, PMLA, 2002.
The Court directed Amanatullah Khan to appear before the court on April 20, 2024.
Special public prosecutor (SPP) Simon Benjamin appeared for Enforcement Directorate in the matter.
The federal probe agency has alleged that Amanatullah Khan has elevated his role from witness to accused by filing an anticipatory bail plea and running away from the investigation.
ED's lawyer further stated that they were never able to conclude the probe against him because he was not presenting himself before the agency.
All the other people are the aides of this particular person. His role is much larger than the other accused persons who have already been arrested and charge-sheeted," Advocate Simon Benjamin added.
Recently, the Delhi High Court dismissed Amanatullah Khan's anticipatory bail plea and said that elected representatives and public figures are not above the law. A separate class cannot be created for political leaders. This Court cannot allow a new jurisprudence or a new set of rules, the High Court said.
"Even the lawmakers should know that disobeying the law will have legal consequences, as all citizens are equal in the eyes of the law," justice Sharma had said.
The Court further said that investigating agencies in India had the right to conduct an investigation. To conclude, a MLA or any public figure is not above the law of the land.
"The actions of such public figures are observed closely by the public. This sets a bad precedent," the High Court pointed out.
The High Court had observed that the AAP MLA had avoided several summons issued by the ED. The High Court said that such avoidance of multiple summons is impermissible by law.
The High Court also noted that the property in question was purchased for Rs. 36 crore, and Rs. 27 crore was paid in cash. The existence of two agreements to sell also creates doubt.
The high court said, "People also have a right to know what the truth is when their leader, whom they have elected, is being probed."
The Rouse Avenue court on March 1 dismissed the anticipatory bail plea of AAP MLA Amanatullah Khan.
This case is related to the purchase of a property worth Rs 36 crore in the Okhla area at the alleged behest of Amanat Ullah Khan, who is also a sitting MLA from that area.
A charge sheet has already been filed against four accused persons and one firm. It has been alleged that Rs. 100 crore Waqf Properties were given on lease illegally.
It is also alleged that 32 contractual employees were appointed in Delhi Waqf Board during the chairmanship of Amanatullah Khan, flouting the rules.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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