The Delhi High Court on Wednesday dismissed AAP MLA Amanat Ullah Khan’s plea against summons of ED in the Delhi Waqf Board money laundering case. He has withdrawn his petition.
He had challenged the summons issued to him by the Enforcement Directorate (ED) to appear in person.
Division bench comprising justices Rekha Palli and Rajnish Bhatnagar dismissed the petition as it was withdrawn by the counsel for Amanat Ullah Khan.
His counsel submitted before the bench that he is not pressing the petition and seeks liberty to withdraw the petition.
After noting the submissions of counsel, the bench was allowed to withdraw.
The High Court on Thursday questioned the maintainability of the petition.
During the hearing, Justice Rekha Palli had questioned the maintainability of the plea.
She said that 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, you should have gone to the Supreme Court.
She added that otherwise, it should have been listed before the single bench.
The bench had said that we are neither issuing any notice nor passing any interim order.
Advocate Zoheb Hossain said that the petitioner did not appear before the ED.
Earlier, the Delhi High Court had refused to grant immediate relief to Amanat Ullah Khan against the summon issued to him by the ED.
He had challenged the summons issued to him by the Enforcement Directorate (ED) to appear in person under Section 50 of the PMLA.
He had also challenged the case registered against him by the ACB and ED in the Delhi Waqf Board case.
The petition was filed by advocate Rajat Bhardwaj.
Senior advocate Vikram Chaudhari had submitted that he was summoned a week ago by the ED to appear before it today. There is the urgency to hear the matter.
The bench said, “You can’t ask for relief at the last minute.”
The Rouse Avenue court on January 19, 2024 took cognizance of the prosecution complaint (Charge sheet) filed by the Enforcement Directorate (ED) in Delhi Waqf Board Money Launderig case.
ED has charge sheeted four persons Zeeshan Haider his partnership Sky power, Javed Imam Siddiqui, Dawood Nasir, Qausar Imam Siddiqui.
ED has alleged money laundering in purchase and sell of Rs. 36 crore property on 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 of Rs 36 crore was purchased with the ill gotten money on 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 had submitted that Further investigation related to the role of other is going on.
Special public prosecutor (SPP) Manish Jain for ED had submitted that the allegations in predicate offence related to irregularities in Delhi Waqf Board is how the main accused Amanat Ullah was involved in corrupt practices.
It was also submitted that during investigation of this PMLA case ED considered 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 chairman 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 recovery of illegal weapons, an FIR was registered at police station Jamia Nagar under section of Arms Act.
It was also alleged that he purchased properties in the name of his benamidar Zeeshan Haider.
SPP Jain also submitted that Diaries reveals high value transaction between Amanat Ullah and Javed Imam Siddiqui including purchasing of a plot measure 1200 Square Yards in Tikona Park, in Okhla.
This particular property was purchased for Rs 36 crore and this transaction is supported by the diary. Rs 8 crore cash was handed over by Amanat Ullah. Rs 9 crore was paid through banking channel by accused Zeeshan and Dawood Nasir to Javed Imam Siddiqui.
SPP Jain said that the original owner of 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 diary, agreement to sell and at the behest of Amanat Ullah.
ED submitted that this property was bought at the behest of Amanat Ullah Khan. Qausar Imam Siddiqui is cousin 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, Rs 27 Crore cash transaction is evident. It is a clear cut established against the accused persons and fit case to summon the accused persons. (ANI)