Non-Cooperation with ED and Strong Evidence of Money Laundering: High Court of Delhi Dismisses AAP MLA Amanatullah Khan’s Bail Application
The Delhi High Court, in a significant decision, has dismissed the pre-arrest bail application of Aam Aadmi Party MLA Amanatullah Khan in connection with a money laundering case related to alleged financial irregularities in the Delhi Waqf Board. Justice Swarana Kanta Sharma, while denying the relief, underscored the MLA’s non-cooperation with the Directorate of Enforcement’s (ED) investigation.
Legal Point: The Bar under Section 45 of PMLA
The Court observed that the material presented was sufficient to invoke the bar under Section 45 of the Prevention of Money Laundering Act (PMLA), indicating prima facie commission of money laundering.
Facts and Issues
The prosecution alleged that Khan, through corrupt practices, acquired proceeds of crime and laundered money by purchasing properties via associates. Detailed evidence, including diaries of cash transactions, falsified agreements, and bank analyses, pointed towards money laundering activities.
Court’s Assessment:
Critical Evidences: The court considered evidence like diaries detailing cash transactions and bank account analyses, affirming the money laundering charges.
Non-Cooperation: Khan’s repeated non-compliance with ED’s summons was highlighted as a deliberate obstruction of the investigation.
Public Figures’ Accountability: The judgment emphasized the role of public figures in upholding law and justice, noting Khan’s failure to set a positive precedent.
Balance of Rights and Duties: The court balanced the accused’s rights against the duty of the investigating agency, deeming non-cooperation in economic offense cases as influential in bail decisions.
The application for pre-arrest bail was dismissed, with the court underscoring the strong evidence of money laundering and the applicant’s non-cooperation in the investigation. However, the observations were clarified to be solely for bail decision purposes, not commenting on the trial’s merits.
Date of Decision: March 11, 2024
Amanatullah Khan Versus Directorate of Enforcement
