Delhi Waqf Board Case: AAP MLA Amanatullah Khan, Ten Others Granted Bail

New Delhi: The Special CBI Court on Wednesday granted regular bail to Aam Aadmi Party`s MLA Amanatullah Khan and ten others in a case of alleged misuse of position related to "illegal appointments" to the Delhi Waqf board. Earlier they were granted interim bail by the same court till the disposal of their regular bail. According to the CBI FIR, the case registered in 2016 under Section 120B IPC read with section 13(2) read with 13(1)(d) of the Prevention of Corruption act, 1988 (P.C. Act) against Amantullah Khan and others on allegations that he being chairman of the Delhi Wakf Board (DWB), had acted in a corrupt and illegal way in getting appointed Mahboob Alam as Chief Executive Officer (CEO) of the DWB. CBI stated that Amanatullah Khan also got appointed his relatives and other known persons on various contractual or daily wage posts in DWB, in collusion with and in furtherance of a criminal conspiracy hatched between all of them and all these appointments were made by misuse and abuse of the official positions of Amanatullah Khan and Mahboob Alam and also without following the due process of law.

The rest of the nine accused in the case are some of these appointees and also the beneficiaries of and participants in the above criminal conspiracy, as alleged, noted the Court. It was alleged by the CBI that in total, 41 persons were appointed in DWB in different capacities and under different schemes and these include Mahboob Alam who had been appointed as CEOof the DWB.

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It was also alleged that a loss of Rs. 27,20,494/ has been caused to the government exchequer in the form of salaries or other emoluments, which had been paid to the above employees or accused. 

According to the CBI, the chargesheet stated that Amanatullah Khan was elected as a member and also the Chairman of DWB in his capacity as a Member of the Legislative Assembly (MLA) from Okhla Constituency, New Delhi on the ticket of Aam Adami Party (AAP) and was holding a public office at the time of the commission of alleged offences, sanction under Section 19 of the PC Act as well as 197 Cr.P.C. for his prosecution, in this case, was also obtained by CBI and placed on record as a part of the relied upon documents filed with the charge sheet. 

Similarly, since Mahboob Alam also holding a public office, a sanction for his prosecution was also obtained and filed on record. However, it is necessary to mention here that none of the accused being prosecuted through the above charge sheet was arrested by the CBI during the investigation of the case, noted the court. 

The Special Judge MK Nagpal on Wednesday while passed the order said that considering the totality of facts and circumstances and in light of the legal position discussed, this court is of the considered opinion that it is a fit case where bail should be granted to the applicants pending trial and there is no reason or ground for taking any of them into custody. 

Hence, they all are hereby admitted to bail and are directed to furnish a personal bond of Rs. fifty thousand each with one surety of the like amount each for their appearance before this court during the trial and till the disposal of the case, said the Court. None of the applicants in the prima facie view of the court can also be considered to be a flight risk as they all are permanent residents of their given addresses having roots in society and families to support. 

Again, it cannot also be ignored that Amanatullah Khan was MLA from the Okhla constituency at the relevant time of the commission of alleged offences and even now he is stated to be an MLA from the same constituency having been elected on the ticket of AAP, said the Court.