New Delhi: The Delhi High Court has issued a notice to Aam Aadmi Party (AAP) leader Amanatullah Khan following a plea by the Enforcement Directorate (ED) challenging a trial court’s decision to release him in a money laundering case.
Justice Vikas Mahajan, while seeking Khan’s response, also directed the trial court to postpone proceedings in the case. The High Court scheduled the next hearing for March 21 and instructed the trial court to defer its proceedings until after this date.
The case against Khan revolves around alleged irregularities in the Delhi Waqf Board’s recruitment process and questionable property transactions during his tenure as Chairman of the Board. Initially investigated by the Anti-Corruption Bureau, the case later led to the ED registering a money laundering case against him. Khan was arrested by the ED on September 2, 2024.
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However, on November 15, 2024, a special Delhi court declined to take cognizance of the supplementary prosecution complaint (akin to a chargesheet in police cases) filed by the ED. The court cited the absence of the mandatory government sanction required under Section 197 of the Code of Criminal Procedure (CrPC).
Section 197 CrPC mandates prior government approval before prosecuting a public servant for alleged offences committed in the discharge of official duties. Special Judge Jitendra Singh acknowledged that there were sufficient grounds to proceed against Khan but ruled that the lack of government sanction barred the court from taking cognizance, leading to Khan’s release.
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Challenging this order, the ED approached the High Court. During the hearing, ED counsel Zoheb Hossain contended that cognizance had already been taken in the main case and argued that the absence of sanction was a “curable defect.” He also pointed out that sanction had been obtained for the predicate offence and could be placed on record if given an opportunity.
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Additionally, Hossain asserted that a sanction was not necessary since the alleged actions—such as releasing Waqf properties and appointing individuals in exchange for bribes—did not fall within Khan’s official duties as Waqf Board Chairman.
Following these submissions, the High Court issued notice on the ED’s plea and ordered the trial proceedings to be deferred.
