Delhi Court Grants Bail Plea of AAP MLA Amanatullah Khan in Matter of Delhi Waqf Board Case

Amanatullah Khan Law Insider

Aastha Thakur

Published on: 29 September 2022 at 17:43 IST

On Wednesday, Rouse Avenue Court granted bail to Aam Aadmi Party MLA Amanatullah Khan in a corruption case on ground that the allegations against him are not so grave and serious in nature.

The Anti-Corruption Branch (ACB) accusing Khan of carrying out illegal recruitment of 32 employees on a contractual basis and misappropriation of financial assets as Chairman of the Delhi Waqf Board [DWB]. He was alleged to be misusing the powers of Chairman of the Statutory Body and violating the rules and regulations of the Board.

The bail application was heard by Special Judge Vikas Dhull who while passing order granted him bail subject to his furnishing personal bond in the sum of Rs. 1,00,000/- with surety.

The complainant Hafiz Irshad Qureshi in his 2020 FIR had alleged that there were major irregularities in the operation of Board’s bank accounts due to change of signatories in violation of the rules. The Qureshi further alleged regarding funds which were unauthorizedly withdrawn and misappropriated by Khan.

Khan is also accused of letting out the DWB’s properties to the tune of Rs.100 Crores to unauthorized persons, as also granting tenancies of eight properties without calling for the bid or advertisement.

The accused Khan was arrested on 16 September and was sent to judicial custody on September 26. Khan was granted bail, and the Court noted that there was no evidence to suggest that any of the hired workers had given him a bribe to get the employment.

“There is also no material on record to show that these employees had withdrawn their salaries from the Waqf Fund without doing any work or they were not qualified for the job.”

“It has also come on record that previously also, Delhi Waqf Board had recruited employees without there being any rules and regulations,” said the court.

The court further stated that although Khan, as Chairman of the Delhi Waqf Board, had carried out the hiring in defiance of the Delhi Government’s directive merely to favour his friends and constituents, there was no evidence to establish that he had been paid a bribe for the job.

Further judge added that, “Therefore, prima facie, there is no material on record to show that as to what extent loss was caused to the exchequer by grant of tenancy by Waqf Board during the tenure of present accused,”

The court stated that records show that tenancies have been formed at a higher rent than the reserve price and prior rate in response to the claim that Khan gave leases at lower rates of rent.

“Therefore, from the said document, it is prima facie shown that no loss to the exchequer has been caused with regard to creation of tenancies pertaining to Waqf properties,” the court said.

The Court additionally stated that there was no evidence to support Khan’s claim that the Waqf Fund gift in assistance was solely within his control as Chairman.

The Court also referred to his tally of cases filed against him. Total 24 cases were there initially out of which he was acquitted in 20 cases.

In end the Judge also added that, “Further, there is no chance of tampering of the evidence as primarily evidence in the present case is documentary in nature which already stands seized by the ACB,”

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