SC rejects AAP MLA Amanatullah Khan's anticipatory bail plea, asks him to appear before ED
The Hindu
Supreme Court refuses anticipatory bail to AAP MLA Amanatullah Khan in money laundering case, orders him to join investigation.
The Supreme Court on April 15 refused to entertain AAP MLA Amanatullah Khan's anticipatory bail application in a money laundering case related to alleged irregularities in the Delhi Waqf Board during his chairmanship and ordered him to join the investigation.
A Bench of Justices Sanjiv Khanna and Dipankar Datta asked Mr. Khan to appear before the Enforcement Directorate (ED) on April 18 at 11 a.m.
"You arrest him in case if there is material and in case there is no material don't arrest him. You will have to follow the procedure under section 19 of the PMLA. We take it that you will not arrest him unless you satisfy yourself with regard to section 19. It should not be taken for granted that if he appears, he will be arrested," the Bench told Additional Solicitor General SV Raju, appearing for the ED.
Section 19 of the Prevention of Money Laundering Act (PMLA) allows ED to arrest a person based on material in its possession that suggests the person has committed an offence punishable under the law.
The Bench took exception to certain observations made in the March 11 verdict of the Delhi High Court with regard to the merit of the case and said it will not have any bearing in the matter.
"We are not inclined to entertain the present SLP to the extent that it denies the benefit of anticipatory bail to the petitioner. However, we clarify that we have some reservations on certain observations made in the impugned judgement with regard to interpretation of section 50 of the PMLA and some observations on merits," the Bench said in its order.
It added, "However, we clarify that the said observations made in the impugned judgement will not be treated as findings on merits relating to the evidence and materials relied upon by the respondent - ED. The issue is left open."