Special Judge Vikas Dhull had held that allegations against Khan are not grave and serious in nature. (File Photo)The Delhi High Court Friday sought AAP MLA Amanatullah Khan’s response to the Anti-Corruption Branch’s appeal against bail granted to him by a Delhi court.
A single judge bench of Justice Yogesh Khanna issued notice on ACB’s appeal and listed the matter on December 9. The ACB has sought cancellation of Khan’s bail before the HC after a Special Judge on September 28 granted him bail in a case of alleged irregularities in the Delhi Waqf Board. Khan is chairman of the board.
Before the Special Judge, the ACB had alleged that Khan granted tenancies at a lower rate of rent, which caused loss to the board and state exchequer. The court, after perusing documents of 15 properties, said there was no loss to the exchequer.
The court had said, “From the said document, it is apparent that tenancies have been created at a higher rent than the reserve price and also the rent is higher than the previous rent being taken from the earlier tenants.”
Regarding the allegation of misappropriation of Rs 3.2 crore, by way of payment of salaries to 32 contractual employees, the court had said it has come on record that “accused, being the chairman, had no exclusive control over the Waqf fund”.
Special Judge Vikas Dhull had held that allegations against Khan are not grave and serious in nature. He was granted bail on furnishing a personal bond of Rs 1 lakh.
A case against Khan was filed in 2016, following a complaint from the sub-divisional magistrate (headquarters), revenue department, alleging that appointments to various “existing and non-existing posts” in the Waqf Board were “arbitrary and illegal”. The ACB had registered an FIR in January 2020 under section 7 (public servant taking gratification) of the Prevention of Corruption Act, and IPC section 120-B (criminal conspiracy). Khan was arrested on September 16.
The ACB had said in a statement that on the basis of investigation and Khan’s questioning, search operations were conducted at four locations allegedly linked to the MLA. From these locations, it claimed that around Rs 24 lakh in cash, two illegal and unlicenced weapons, cartridges and ammunition were recovered. Also, at one location – outside Khan’s residence – the search team consisting of an ACP was attacked by relatives and other known persons of Khan and they also caused obstruction in discharge of government duty, the statement claimed.
The ACB then registered two more FIRs, one regarding recovery of illegal weapons and the second for the alleged attack on the officers. The weapons were not recovered from Khan’s house or office, officials said.