The Rouse Avenue Court on Monday remanded AAP MLA Amanat Ullah Khan to four days of Enforcement Directorate (ED) custody in the Delhi Waqf Board Money Laundering case.
He has been arrested in connection with the alleged money laundering case linked with the purchase of a 1200-square-yard plot worth Rs 36 crore in Okhla.
Special judge Rakesh Syal granted four days of custody remand of Amanat Ullah Khan to ED. He is to be produced before the court on September 6
ED had sought 10 days remand.
Khan was produced before the Rouse Avenue Court on Monday after a fresh arrest in the day.
The court has also allowed the AAP MLA to have legal meetings, meetings with family, home-cooked food and medicine during the ED custody.
Special Public Prosecutors (SPPs) Manish Jain and Simon Benjamin alongwith Snehal Sharda appeared for the ED.
The agency said that Amanat Ullah is the main accused in the case and the proceeds of crime are laundered through the purchase of land.
It is also said that a prosecution complaint has already been filed. Four accused were arrested earlier. Cognizance has been taken.
SPP Manish Jain submitted that the anticipatory bail of accused Amanat Ullah Khan was dismissed.
It was also submitted that 14 summons were issued to him and the accused was in defiance of the summons.
ED said that the property in question was of Rs 36 crores but an agreement to sell was fabricated to show that it was of Rs 13.4 crores. It was submitted that Rs 4 crores were paid and the rest amount was paid through the banking channel.
It was further submitted that another agreement to sell was recovered from the mobile of one of the accused. In this agreement, the consideration price of the property was Rs 36 crores. ED said that out of the said amount Rs 9 crores were paid through banking channel, Rs 27 crores were paid in cash. Accused Amanat Ullah Khan paid Rs 8 crores, and the remaining amount was paid through other accused persons.
The ED also said the diaries of Qausar Imm Siddiqui show financial transactions of high value.
During searches various incriminating evidence were recovered. Hand writing of Qausar Imam Siddiqui has been proved by the FSL. He wrote the diaries in his handwriting.
While seeking remand, ED said that Khan’s custody is required as he is the main person behind the case. He needs to be confronted with the material, the ED said
At the time of arrest accused did not have his phone. He said that he doesn’t have a phone, it is difficult to believe. His custody remand is necessary to interrogate him, the SPPs for ED submitted.
Senior advocate Vikram Chaudhari alongwith Rajat Bhardwaj, Kaustubh Khanna appeared for Amanat Ullah Khan.
Senior counsel for the accused submitted that there is nothing new in the grounds of arrest and grounds to believe. It was also submitted that the accused was granted bail in the CBI and ACB case.
Senior advocate further submitted that the present ED’s charge sheet was filed after 6 years of CBI’s FIR.
Advocate Rajat Bharadwaj submitted that in the ACB case, a chargesheet has not been filed. In the CBI case, arguments on charges are about to end.
The ED said that the ground of arrest had been handed over to the accused within 24 hours.
The accused has been produced before the court within 24 hours, ED said. The arrest of the accused is in consonance with the law.
Senior advocate Vikram Chaudhari said that the accused was arrested by the CBI on September 16, 2022. The same day this ED’s case was registered. The accused was granted bail in the CBI and ACB matters.
Advocate Bhardwaj said that there is no material to show that the accused is connected with the same. He also said that Under section 19 of PMLA, it is for the ED to show that the act of arrest is justified.
In January, The Rouse Avenue court took Cognizance of the Prosecution Complaint (Charge sheet) filed by the Enforcement Directorate (ED).
ED had charge-sheeted four persons Zeeshan Haider his partnership firm Sky Power, Javed Imam Siddiqui, Dawood Nasir, and Qausar Imam Siddiqui.
ED has alleged money laundering in the purchase and sale of Rs 36 crore property on the behest of AAP MLA Amanat Ullah Khan.
Special CBI judge Rakesh Syal had taken cognizance of the charge sheet and directed to supply copies of the charge sheet to counsel for the accused.
SPP Manish Jain had submitted that the allegations in predicate offence related to irregularities in Delhi Waqf Board is how the main accused Amanat Ullah was involved in corrupt practices.
The allegations are that Rs 100 crore property was misappropriated and jobs were provided to people in Delhi Waqf Board. There are allegations of Misappropriation and siphoning of of funds.
It was also submitted that during the investigation of this PMLA case, ED considered the FIRs were registered earlier, by the CBI, ACB and Delhi police.
It was further submitted that ACB requested for investigation under PMLA against MLA and then chairman Amanat Ullah Khan.
Properties allegedly were made in Delhi, Telengana and Uttrakhand with alleged ill-gotten money.
ACB conducted searches at the premises owned and controlled by Hamid Ali Khan and Qausar Imam Siddiqui. Incriminating evidence and illegal weapons were recovered.
During the searches, three diaries were also recovered. Qausar Imam Siddiqui maintained these diaries.
In relation to the recovery of illegal weapons, an FIR was registered at police station Jamia Nagar under section of the Arms Act.
It was also alleged that he purchased properties in the name of his benamidar Zeeshan Haider.
SPP Jain had also submitted that diaries reveal high value transactions between Amanat Ullah and Javed Imam Siddiqui including purchasing of a plot measuring 1200 Square Yards in Tikona Park, in Okhla.
This particular property was purchased for Rs. 36 crore and this transaction is supported by the diary. Rs. 8 crore cash was handed over by Amanat Ullah. Rs. 9 crore was paid through the banking channel by accused Zeeshan and Dawood Nasir to Javed Imam Siddiqui.
The court asked who was the original owner of this property.
SPP Jain said that the original owner of the property is Aisha Kanwar who bought it in 2019. It was sold to the accused Zeeshan and Dawood in 2021.
ED submitted that this property was bought at the behest of Amanat Ullah Khan. Qausar Imam Siddiqui is the cousin brother of Javed Imam Siddiqui.
