Supreme Court To Hear AAP MLA Amanatullah Khan’s Anticipatory Bail Plea On Monday

A bench comprising Justices Sanjiv Khanna and Dipankar Datta will consider Khan's plea challenging the High Court's March 11 decision denying him relief in the matter.

The Supreme Court is set to hear a plea from AAP MLA Amanatullah Khan on Monday seeking anticipatory bail in a money laundering case linked to alleged irregularities in the Waqf Board during his tenure as chairman.

A bench comprising Justices Sanjiv Khanna and Dipankar Datta will consider Khan's plea challenging the High Court's March 11 decision denying him relief in the matter, according to a PTI report.

The High Court, while expressing disapproval for the repeated avoidance of summons by public officials, declined to grant pre-arrest bail to Khan on March 11.

Observing that the Okhla MLA failed to appear before the Enforcement Directorate (ED) despite six summonses, the High Court emphasised that legislators should recognise that disregarding the law will result in legal consequences, as all citizens are equal in the eyes of the law, and an "MLA or a public figure is not above the law of the land."

"This court wonders whether a person's plea of being busy with personal or official work can be a valid ground on several occasions to avoid summons on the ground that he is a public person. The answer in this court’s opinion has to be in the negative," the court had outlined.

It acknowledged the investigating agency's right to conduct a probe and stressed that it is the responsibility of public figures to "find time and appear" in response to any summons issued to them.

Money Laundering Case Against Khan

The money laundering case against Khan originated from a Central Bureau of Investigation (CBI) FIR and three complaints filed by the Delhi Police. The ED, which previously conducted raids on the legislator's premises, alleged that Khan amassed "huge proceeds of crime" in cash through unlawful staff recruitment in the Delhi Waqf Board and invested these funds in purchasing immovable assets in the names of his associates.

A single-judge bench of Justice Swarana Kanta Sharma had stated that the material on record is adequate to prima facie show that Khan committed the offence of money laundering, whose failure to cooperate with the investigating agency "sets a perilous precedent" and it is important that he joins and cooperates with the probe.

The High Court stressed that the AAP leader's non-compliance with investigative procedures cannot be overlooked, as the investigating agency has the authority to carry out its duties on behalf of citizens without any intimidation, influence, or evasion by public figures.

The court underscored that "repeated disobedience of summons" amounts to obstruction of investigation, undermines the administration of justice, and ultimately erodes trust and confidence in the criminal justice system, potentially leading to chaos.

The court further stated that if such behavior is accepted as legitimate, it could undermine subsequent investigations by creating the perception in the public that ignoring repeated summonses from any investigating agency is legal.

Khan approached the High Court after his plea for pre-arrest bail was rejected by a trial court on March 1. He was not accused in the charge sheet that the ED filed currently.

The agency came up with five names in its prosecution complaint (the ED's equivalent of a charge sheet) including three alleged associates of Khan-Zeeshan Haider, Daud Nasir, and Jawed Imam Siddiqui.

According to the ED, the searches were carried out in connection with a case involving the accused's unlawful hiring of employees and illegitimate personal gains obtained through unfairly leasing Waqf Board properties from 2018 to 2022 while Khan served as its chair.

During the raids, a number of "incriminating" items, including digital and physical evidence, were found, according to the ED. These items suggested Khan's involvement in the money laundering offence.