Delhi court seeks ED response on Amanatullah Khan’s revision petition

Special judge Kaveri Baweja issued notice of the application to ED and listed the matter for hearing on July 12

A Delhi court has sought a response from the Enforcement Directorate (ED) on a revision petition filed by Aam Aadmi Party legislator Amanatullah Khan, challenging the summons issued to him by a magistrate court in connection with a money laundering case related to the alleged irregularities in the Delhi Waqf Board.

Amanatullah Khan, the Okhla MLA, had moved a petition seeking to set aside the April 9 order of the magistrate court, and to put a stay on proceedings pending before the magistrate court. (ANI)

Khan, the Okhla MLA, had moved a petition seeking to set aside the April 9 order of the magistrate court, and to put a stay on proceedings pending before the magistrate court. The AAP leader in his application stated that the magistrate court order is contrary to law, and was passed in a casual and perfunctory manner without the application of judicious mind.

Special judge Kaveri Baweja issued notice of the application to ED and listed the matter for hearing on July 12.

ED is conducting a probe against Khan based on a Central Bureau of Investigation (CBI) case registered in 2016, accusing the AAP MLA of illegally appointing various people to the Delhi Waqf Board against non-sanctioned and non-existent vacancies, which caused financial loss to the Delhi government and illegal gains to himself. He is also alleged to have illegally leased out properties of the Waqf Board.

On April 4, ED moved a complaint under Code of Criminal Procedure (CrPC) sections 190 read with Indian Penal Code (IPC) section 174 and Prevention of Money Laundering Act (PMLA) section 63(4) for not complying with summons issued to him under PMLA section 50, which grants the agency power to issue summons.

CrPC section 190 empowers a court to take cognisance of a complaint filed before it and issue summons to the person against whom the complaint has been filed. PMLA section 63(4) entails that a person who intentionally disobeys directions issued by the agency under PMLA section 50 shall be prosecuted under IPC section 174, which states that such a person shall be punished with imprisonment extending up to one month, or fined up to ₹500, or both.

The magistrate court on April 9, taking cognizance of the complaint, issued summons to Khan under IPC section 174.

Khan in his application averred that the magistrate court failed to appreciate that his non-appearance was not intentional as he had provided proper and valid explanations. It was also pointed out that the magistrate court failed to appreciate the fact that explanations given by him were accepted by the agency and subsequently fresh summons were issued. Thus, they cannot claim grievance for non-appearance on the summons, he said.