New Delhi: The Rouse Avenue court extended ED custody of AAP MLA Amanatullah Khan for 3 days in the Delhi Waqf Board money laundering case.
The Enforcement Directorate (ED) sought ten days of custody to interrogate him.
He was produced before the court after 4 days ED custody. He has been arrested in Delhi Waqf Board money laundering case linked to the purchase of a property worth Rs 36 crores.
Special CBI Judge Vishal Gogne extended the ED custody of Amanatullah Khan after hearing the submissions of ED and defense counsel. He is to be produced before the court on September 9 before 4 PM, the court said.
While seeking 10 days further custody, ED is saying it requires the accused to confront the documents.
Special public prosecutor (SPP) Manish Jain said that he is to be confronted with the statement of witnesses. There 41 prosecution witnesses. ED said that he is evasive.He may be evasive, but it is our duty to investigate the matter, counsel for ED's counsel added.
ED SPP, Jain said that there are four accused who assisted the accused to purchase the property worth Rs. 36 crores. This accused is the main accused in this matter. 14 Summons were issued to him.
The SSP stated that the funds used to purchase the property are derived from criminal activities. In response, defense counsel Rajat Bhardwaj contested the remand application, noting that the CBI filed an FIR in 2016 when the accused was the chairman of the Delhi Waqf Board. A charge sheet was only filed in 2022, after a six-year investigation, during which the accused was granted bail. Bhardwaj highlighted that it was observed the accused did not receive any financial benefits. He further argued that the CBI's allegations focused on irregularities in recruitment at the Delhi Waqf Board. Bhardwaj also pointed out that while the ED was granted four days of custody, they had requested a ten-day remand and were relying on statements from co-accused individuals.
As per law, the same can't be used against this accused, defence counsel argued.SPP Jain for ED said that what is to be seen today is that he is the main accused of this case.We have confronted the accused with 50 statement of witnesses. Some of them are employees of Delhi Waqf Board appointed in his direction, ED submitted on the court query.
It was submitted by the ED that Remand is required as there are some new witnesses and certain documents to be confronted with the accused. At this point, defence counsel argued that 41 people were allegedly appointed by Amanatullah Khan. As per CBI, only 9 of those were involved in Conspiracy.
There was no money involved. There is not money generated by a criminal act.There is no question of proceeds of crime as no money was generated, Defence counsel submitted.ED's counsel said the petition for quashing of ED's FIR, was withdrawn by accused from the High court.
His anticipatory bail was dismissed up to the supreme courtAll these facts authentic my demand for 10 days remand, cousnsel for ED's SPP submitted. He is to be confronted with the diaries recovered from co accused.
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Defence counsel Rajat Bhardwaj said that, as per the Jain case judgement diaries cannot be read as an evidence. The diaries which are mentioned are part of the Prosecution complaint filed on January 6, defence counsel said. The same diaries were confronted on April 18. ED did not arrest the accused when he went to the ED office on April 18, Bhardwaj added.So what is the necessity to arrest the accused now, defence counsel asked.
He also referred to the supreme court order and stated that observations by the High Court are not the findings of the case.It is alleged that the proceeds of crime was used to purchase the property.
The CBI had said that there was no bribe, no money was generated, Defence counsel argued.
Therefore there can't be proceeds of crime and money laundering, he added. The CBI had said that there was no bribe generated. The defence counsel argued that, to seek the custody, the ED has to show that there was a generation of money by criminal activities, defence counsel said.
The diaries seized on the statement of co-accused by the ACB can't be used against me, he added. In the CBI chargesheet, it is said that there were administrative irregularities and not corruption. The court asked, "If the CBI has exonerated Khan as you say, then what are the allegations levelled against him by the ED?"
Rajat Bhardwaj said that "They have no fresh material. In the chargesheet, I wasn't even made an accused. On the same material, they can't arrest me to confront me with statements which existed in 2023, he added.
He also read from Kejriwal's judgement, "An officer can't be selectively allowed to pick and choose material to arrest someone." ED very conveniently ignored CBI's chargesheet, he added.
Rajat Bhardwaj said that the diary that has been seized from a co-accused cannot be made the basis against me. they must have some corroborative evidence against me. The diary is in fact found by the ACB. I have been granted regular bail in that case also.
He further argued that remand is not a matter of right for the investigative agency. They must satisfy the Court at the very least.
—ANI