Waqf board case: Amanatullah asked to reply to ED plea

New Delhi: Delhi High Court on Thursday asked AAP MLA Amanatullah Khan to respond to a plea by the Enforcement Directorate (ED) seeking his prosecution in a money laundering case connected to Delhi Waqf Board. It issued notice to Khan's wife as well, who was also chargesheeted in the case. Justice Vikas Mahajan issued notice to the Okhla MLA and posted the hearing on March 21. He asked the trial court to defer its proceedings until the matter is heard in the high court. The law enforcement agency moved the high court after the trial court in Nov last year declined to take cognisance against Khan for the alleged offence of money laundering under the Prevention of Money Laundering Act, citing the absence of requisite sanction under Section 197 of the Code of Criminal Procedure to prosecute him. The provision prescribes a prior sanction to prosecute public servants. Khan was accused of generating proceeds of crime by illegally leasing out waqf properties and making illegal appointments. ED argued the order was passed without giving the agency an opportunity to address the issue of the alleged lack of sanction, which was a curable defect. Its counsel asserted Khan's offence was not in the official discharge of duty and, in any case, the competent authority gave a "broad" sanction at the time of approving his prosecution for the predicate offence of corruption. The ED's lawyer also objected to the direction to release Khan from custody, not in bail proceedings but while examining the issue of cognisance. The trial court already took cognisance of the money laundering offence in the first chargesheet and therefore it ought to have only issued summons to the new accused in the supplementary chargesheet.