Decoding Delhi Waqf Board Case: Why AAP MLA Amanatullah Khan Is Under Scrutiny

Image: ANI

Delhi's political climate has once again intensified following the arrest of AAP MLA Amanatullah Khan. This development came after the Enforcement Directorate (ED) arrested AAP MLA Amanatullah Khan on Monday morning after conducting a raid at his home. The raids were part of an investigation into alleged irregularities concerning the recruitment process for the Delhi Waqf Board. The ED team, supported by Delhi Police and CRPF personnel, conducted the search. Early in the morning, Khan took to social media, posting a video on X to update the public about the raid.

Sources suggest that this operation is part of a larger probe into money laundering related to the alleged irregularities within the Delhi Waqf Board. The ED carried out these actions under the Prevention of Money Laundering Act (PMLA).

In response to the raids, AAP leaders rallied in support of Khan, with Manish Sisodia accusing the BJP and the ED of trying to suppress dissent. "The ED's sole purpose now seems to be to stifle any voice raised against the BJP. They break those who resist and arrest those who refuse to surrender," Sisodia stated. AAP MP Sanjay Singh also condemned the ED's actions as "ruthless," pointing out that Khan had recently cooperated with the investigation and had requested additional time due to his mother-in-law’s serious illness.

The BJP took the opportunity to criticize the AAP, alleging widespread corruption, especially concerning the Delhi Waqf Board's staff recruitment. This controversy dates back to September of the previous year when Khan, representing Delhi’s Okhla constituency, was arrested by the Anti-Corruption Branch (ACB) for alleged financial mismanagement and other irregularities within the Delhi Waqf Board. At that time, AAP accused the BJP of targeting its leaders in connection with the forthcoming Gujarat elections. The BJP demanded Khan’s immediate removal from office.

In addition to the political squabbling, it is important to examine the financial irregularities that led to Khan's arrest. Khan was first arrested by the ED in April but was later granted bail by the Delhi Rouse Avenue Court, with a personal bond of Rs 15,000 and one surety of the same amount. According to the ACB, the initial FIR in this case was filed in January 2020 under Section 7 of the Prevention of Corruption Act, along with Section 120B of the Indian Penal Code (IPC).

Later, Section 13 of the Prevention of Corruption Act and Section 409 of the IPC were also included. During the investigation, a witness revealed issues related to the tenancy of Waqf properties, alleging that in 2021, he had submitted the highest bid of Rs 30,000 for a Waqf Board shop at Fatehpuri Masjid but was asked to pay Rs 10 lakh. When he refused, he was instructed to withdraw, and Khan subsequently accepted a lower bid of Rs 19,000 from another bidder, leading to financial loss for the Delhi Waqf Board, according to the Investigative Officer in court.

Additionally, the ACB obtained a statement from a female employee of the Delhi Waqf Board, who claimed that files related to the Waqf Assets Management System of India (WAMSI) project were removed at Khan's direction. She alleged that Khan sought to avoid transparency regarding Waqf Board properties to conceal his alleged illegal activities.

The WAMSI project aimed to computerize Waqf Board properties. Following a two-year investigation, the ACB summoned Khan on September 16 and conducted raids at four locations linked to him, uncovering incriminating evidence. Khan was initially placed in four-day police custody, which was extended by five days on September 21, as the ACB needed more time for interrogation due to Khan’s health issues.

In October 2023, the ED also conducted searches at several locations related to Khan, focusing on illegal recruitment at the Delhi Waqf Board and Khan’s alleged personal gains from unfairly leasing Waqf Board properties during his tenure from 2018 to 2022. The ED claimed that Khan had obtained large sums of money through illegal recruitment practices and used these proceeds to acquire assets in the names of his associates.

In January, the ED carried out additional searches at nine locations connected to Khan, investigating money laundering linked to the Delhi Waqf Board case. In February, the Delhi High Court denied Khan immediate relief against the ED summons in a Rs 36 crore property case, revealed through diaries of his close aide, Hamid Ali Khan. These diaries indicated significant transactions between Khan and Javed Imam Siddiqui, including the purchase of a Rs 36 crore plot in Tikona Park, Okhla. Hamid Ali Khan was arrested by the Delhi Police's anti-corruption branch in September 2022.

Later that month, Amanatullah Khan withdrew his plea challenging the ED summons. In April, the Supreme Court refused to grant relief to Khan, criticizing his repeated absences from ED summonses. Following this decision, the ED interrogated Khan for 13 hours and informed the Rouse Avenue Court of their intention to maintain their complaint against him for "non-compliance," leading to his arrest.