Amanatullah Khan Vs Directorate of Enforcement (Delhi High Court)
Summary: 1. Background of the money-laundering proceedings and allegations against Amanatullah Khan: The Delhi High Court, in Amanatullah Khan Vs Directorate of Enforcement, decided on 11 March 2024 by Justice Swarana Kanta Sharma, dismissed an application seeking anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, read with Sections 45 and 65 of the Prevention of Money Laundering Act, 2002 (PMLA). The proceedings arose from ECIR No. DLZO-I/35/2022 dated 16 September 2022, registered by the Directorate of Enforcement in connection with alleged irregularities involving the Delhi Waqf Board (DWB). Amanatullah Khan, an MLA representing the Okhla constituency and former Chairman of the DWB, was accused of misusing his official position in appointments, leasing Waqf properties and handling public funds. The underlying investigations included CBI FIR No. 9(A) dated 23 November 2016, registered under Section 120B of the Indian Penal Code and provisions of the Prevention of Corruption Act, 1988; ACB FIR No. 05/2020 concerning alleged corruption and irregularities; and two FIRs registered at Jamia Nagar Police Station concerning alleged recovery of illegal weapons from persons associated with the applicant. The CBI allegations included irregular appointment of Mahboob Alam as CEO of the DWB, recruitment of 41 contractual or daily-wage employees, engagement of persons allegedly associated with the applicant, and payments from DWB funds without compliance with the prescribed procedures. The ACB allegations additionally concerned irregular leasing of Waqf properties, alleged misappropriation of funds, purchases without proper approvals and expenditure from funds intended for welfare purposes. The High Court examined these allegations only to determine whether the applicant had established a case for protection from arrest under the stringent provisions governing money-laundering offences.
