Waqf Board case: Delhi HC seeks report from ED on AAP MLA Amanatullah Khan’s plea

The agency, represented by advocate Zoheb Hossain, however, raised a preliminary objection on the maintainability of Khan’s plea on the grounds of suppression of facts. Hossain said Khan failed to disclose that based on the same material and facts, his anticipatory bail plea was earlier rejected by the HC which was then upheld by the SC as well.

Khan’s lawyer, senior advocate Vikram Chaudhari, contended that “this can never be treated as a preliminary objection”.

Justice Neena Bansal Krishna, while issuing notice, recorded that it remains open for the ED to raise preliminary objections. The court has kept the matter next for consideration on October 18.

The case against Khan stems from two FIRs: one filed by the CBI concerning alleged irregularities in Waqf Board appointments, and another by the Delhi Anti-Corruption Branch regarding an alleged case of disproportionate assets.

In April, the ED had summoned Khan and questioned him for 13 hours. According to the agency, he allegedly acquired “huge proceeds of crime” through illegal recruitment of staff, and invested the amount to purchase immovable assets in the name of his aides. As per the ED, it had issued him 14 summons and he appeared only once.

Senior advocate Chaudhari told Justice Krishna Thursday that Khan had failed to appear despite the summons owing to “exigencies”, adding that his mother is suffering from cancer.

Khan sought that his arrest be quashed and set aside and that his remand order also be set aside.