Court frames corruption, conspiracy charges against AAP MLA in Waqf Board case

A Delhi court has charged AAP MLA Amanatullah Khan and 10 others with conspiracy and corruption over illegal DWB recruitments, with trial set for August 21.

A Delhi court has framed charges of criminal conspiracy and corruption against Aam Aadmi Party’s Okhla MLA Amanatullah Khan and 10 others in a case involving illegal recruitments to the Delhi Waqf Board (DWB), setting the stage for trial.

AAP MLA Amanatuallah Khan (Sonu Mehta/HT PHOTO)

Special judge Dig Vinay Singh, in an order passed on Monday, held that there was sufficient prima facie evidence to proceed against the accused under the Indian Penal Code and the Prevention of Corruption Act. The trial will begin on August 21 with the prosecution’s first round of evidence.

The court observed that the allegations made by the Central Bureau of Investigation (CBI) pointed to a larger conspiracy, wherein Khan allegedly abused his position as DWB chairman between 2016 and 2021 to appoint relatives and close associates to various posts through corrupt means.

“Promoting the interest of near and dear ones -- nepotism -- as revealed from the facts of this case, is also a form of corruption,” the court said.

The federal agency, which has been investigating the case since 2016, claimed that Khan abused his official position as waqf board chairman between 2016 and 2021 to orchestrate a series of illegal appointments — including co-accused Mahboob Alam as the board’s CEO.

Rejecting the discharge pleas of eight accused, the judge said the appointments were not only irregular but illegal. “Once these appointments are found to be unlawful and strongly suggest that they were made as part of a conspiracy, they cannot simply be classified as minor irregularities or breaches of service law. They represent more than mere procedural errors or administrative lapses,” the court said.

The CBI, which filed its first chargesheet on August 31, 2022, and a supplementary chargesheet this month, alleged that Khan recruited Alam and nine others bypassing due process. Of the 182 applicants who were not called for interviews because they did not specify the post they were applying for, only the 10 individuals known to Khan were ultimately selected.

“The fact that some accused were allowed to apply after the cut-off date, alterations were made to the list of interviewees, interview letters were not sent to certain candidates, and changes were made to the eligibility criteria, all indicate a dishonest intention aimed at recruiting known individuals or relatives of A-1 (Khan),” the court said.

On claims that similar appointments were made prior to Khan’s tenure, the court stated: “An illegal action, even if repeatedly practised in the past, cannot legitimise ongoing adherence to the same faulty procedure.”

It added that even if the sanctioned post data was available from before Khan’s term, “it does not justify recruitment through corrupt means”.

Highlighting that jobs obtained through abuse of official position amount to pecuniary gain under the Prevention of Corruption Act, the court said, “Even if the accused did not receive extra pay beyond their entitlements or the time they served, it cannot be argued that no undue pecuniary advantage was gained.”

Regarding the roles of Khan and Alam, the judge said both cannot be discharged as “prima facie evidence exists indicating that they manipulated the appointment process and influenced committee members”.

All 11 accused are currently out on bail.

Meanwhile, the Enforcement Directorate is conducting a parallel probe into allegations of money laundering. The agency has claimed that Khan acquired large sums of cash through illegal recruitments, misappropriation of DWB funds, and unlawful leasing of board properties.