Delhi High Court issues notice to Amanatullah Khan on ED's plea against trial court release

The Delhi High Court on Thursday issued notice to Aam Aadmi Party (AAP) leader Amanatullah Khan on a plea by the Enforcement Directorate (ED) challenging a trial court order to release Khan in the money laundering case against him..Justice Vikas Mahajan sought Khan's response and also ordered the trial court to defer the proceedings in the matter."Trial may be deferred. The Special Judge to adjourn hearing the matter to a day after the next date of hearing before this court," the High Court said while posting the case for further consideration on March 21. .The money laundering case against Khan relates to alleged irregularities in the Delhi Waqf Board recruitment process and purchase of properties while he was Chairman of the Board.The Anti-Corruption Bureau first booked him in the case, after which the ED registered the money laundering case against him.Khan was arrested by the ED on September 2, 2024..However, a special court in Delhi on November 15, 2024 refused to take cognizance of a supplementary prosecution complaint (similar to a chargesheet in police cases) filed by ED against Khan after finding that the mandatory government sanction as per Section 197 Code of Criminal Procedure (CrPC) was not obtained by the investigating agency.Section 197 of the CrPC provides that when a public servant commits an offence while acting in discharge of his official duty, no court shall take cognizance of such offence, except with previous sanction of the competent government.Special Judge Jitendra Singh observed that though there are “sufficient grounds" to proceed against Khan, it cannot take cognizance due to lack of mandatory government sanction.The Court noted that government sanction is a necessary requirement to take cognizance in this case, since Khan was a public servant against whom the corruption charges were made in discharge of his office duties as the Delhi Waqf Board chairman.Hence, it ordered release of Khan..The ED then moved the High Court..During the hearing today, ED counsel Zoheb Hossain argued that cognizance was already taken in the main case.He said that a prima facie offence was made out against Khan and lack of sanction is a curable defect.Further, Hossain said that sanction was taken with respect to predicate offence.He submitted that the trial court judge failed to notice that it is not a case of complete lack of sanction and sanction was there in respect of predicate offence and on opportunity, the ED would have placed the same on record.Pertinently, Hossain also said that sanction was not required since the actions under scanner were not performed by Khan in discharge of his official duty."Sanction was not needed. The actions were not performed in his official duty. He was chairman, the allegations are pertaining to releasing Waqf properties and giving positions in line of bribe, that cannot be said to be discharge of official duty," he argued.The Court then proceeded to issue notice on the plea and deferred the trial. .[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.