The Enforcement Directorate (ED) on Friday moved an application seeking initiation of trial against Aam Aadmi Party (AAP) MLA Amanatullah Khan for not complying with the summons by the central agency in a money laundering case registered in connection with the alleged irregularities in the recruitment of staff and leasing of properties for the Delhi Waqf Board.
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According to ED, Khan has not complied with summons issued to him for questioning on January 23, January 31, February 9, February 19, February 26, and March 4.
Additional chief metropolitan magistrate (ACMM) Divya Malhotra listed the matter for hearing on April 6.
The complaint has been moved by the agency under sections 190 of the Code of Criminal Procedure (CrPC) read with section 174 of the Indian Penal Code (IPC) and section 63(4) of the Prevention of Money Laundering Act (PMLA) for not complying with the summons issued to him under section 50 of the PMLA, which grants power to the agency to issue summons.
Section 190 of the CrPC empowers a court to take cognizance of the complaint filed before it and issue summons to the person against whom the complaint has been filed.
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While section 63(4) of PMLA entails that a person who intentionally disobeys the directions issued by the agency under section 50 PMLA shall be prosecuted under section 174 IPC, with imprisonment extending up to one month or with fine which may extend to Rs. 500 or both.
ED initiated the probe based on a Central Bureau of Investigation (CBI) case registered in 2016, accusing Khan of illegally appointing various people to the Delhi Waqf Board against non-sanctioned and non-existent vacancies, which caused financial loss to the Delhi government and illegal gains to himself. He was also alleged to have illegally leased out properties of the Waqf Board.
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Subsequently, the ED also pressed money laundering charges against Khan. According to the federal agency, the AAP leader laundered his illegal gains by purchasing immovable properties through his associates.
Khan had earlier approached a Delhi Court seeking anticipatory bail, however the plea was dismissed on March 1. He later moved an anticipatory bail before the Delhi High Court and it was dismissed on March 11.
