A court in New Delhi on Thursday refused to take cognisance of a chargesheet filed against Aam Aadmi Party MLA Amanatullah Khan in a money laundering case related to alleged irregularities in the Delhi Waqf Board and ordered his 'immediate release', saying his further incarceration in the matter would be 'illegal'.
Special Judge Jitendra Singh said that after going through the supplementary chargesheet and the documents filed with it, including the statement of the witnesses, there was sufficient ground to proceed against Khan.
However, no sanction from the competent authority/government was placed on record against him.
"Thus, cognisance against A-6 (Khan) is declined for the offence defined under section 3 (money laundering) and punishable under section 4 of the PMLA for the lack of requisite sanction," the judge said while noting that Khan was a 'public servant'.
He further said that in the case, 'there is no legal ground to justify further detention of the accused in custody'.
"Keeping the accused in custody in these circumstances when the cognisance has been declined for the absence of sanction under section 197 (1) CrPC, shall tantamount to illegal custody. Under these circumstances, the accused has to be immediately released," the judge said.
Special Judge Singh further issued an order for the release of Khan in the case after accepting his bail bond of Rs 1 lakh and a surety of like amount, 'for securing his presence in case the sanction is obtained and filed by the complainant (ED) in future'.
The ED on October 29 filed a 110-page first supplementary prosecution complaint (ED's equivalent of a chargesheet), claiming Khan laundered money that was allegedly generated through corruption in the Delhi Waqf Board.
The chargesheet had also named one Mariam Siddiqui, who was not arrested as an accused by the ED in the case. The court said there was no evidence to proceed against Siddiqui and discharged her.
"The case against Siddiqui is apparently based upon surmises and conjectures as there exists no evidence whether direct or circumstantial against her. The SPC (supplementary prosecution complaint) lacks grounds for proceeding against Siddiqui. Accordingly, she is not summoned in the present case," the judge said.
The ED had earlier urged the court to take cognisance of the chargesheet and said there was sufficient evidence to prosecute Khan and others in the case registered under the provisions of the Prevention of Money Laundering Act.
Khan was arrested on September 2 under the provisions of the PMLA by the ED, which conducting a search at his house in Delhi's Okhla area.
The AAP MLA was accused of being 'evasive' when questioned by the probe agency.
The money laundering probe against him stems from two first information reports (FIRs) -- the Central Bureau of Investigation's case in connection with the alleged irregularities in the Waqf Board and an alleged disproportionate assets case registered by the Delhi Police anti-corruption unit.
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