New Delhi, Jul 28 (PTI) A Delhi court on Monday framed charges against AAP MLA Amanatullah Khan and 10 others in an alleged case of irregularities in the Delhi Waqf Board recruitment, saying there was “strong suspicion” of conspiracy and “prima facie evidence” against them.
Special judge Dig Vinay Singh framed charges of criminal conspiracy and criminal misconduct by a public servant against Khan and Mahboob Alam, the then chief executive officer of the Delhi Waqf Board.
The judge also framed charges of criminal conspiracy, read with criminal misconduct by a public servant, against nine other accused persons, namely Hamid Akhtar, Kifayatullah Khan, Rafiusshan Khan, Imran Ali, Mohammed Ahrar, Aquib Jawed, Azhar Khan, Zakir Khan and Abdul Mannar.
The CBI registered a case in 2016 after it was alleged Khan being chairman of the Delhi Wakf Board, in a corrupt and illegal way got Alam appointed as the board’s CEO.
Khan was accused of also getting appointed his relatives and other known persons on various contractual or daily wage posts in DWB, as a part of the criminal conspiracy.
These appointments were alleged to have been made by the “misuse and abuse” of the official positions of Khan and Alam.
In its 46-page order, the court said, “Where there is strong suspicion, it is sufficient at this stage to indicate a conspiracy involving all these parties.” The court added, “The actions and omissions of these accused clearly show that they had a mutual understanding, either express or implied, to facilitate the illegal appointments (of Alam and 10 others) and this warrants the framing of conspiracy charges against all involved.” The case was observed to be under the definition of Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act.
Section 13(1)(d) of the Act deals with criminal misconduct by a public servant. It says that a public servant is said to commit the offence of criminal misconduct if “he, by corrupt or illegal means, or by abusing his position as a public servant, obtains for himself or any other person any valuable thing or pecuniary advantage.” Section 13 (2) of the act deals with the punishment for such misconduct.
The court referred to Section 101 of the Waqf Act, which says besides the board members, any individual duly appointed to perform duties under the act or any rules or orders under it would be regarded as a public servant under the law.
“Accordingly, a strong suspicion does arise against all the 11 accused persons, and the facts do disclose prima facie sufficient material to frame charges against all of them,” the court said.
Charges were, therefore, framed under Section 120 B (criminal conspiracy) of IPC read with 13(1)(d) and 13(2) of the PC Act, and also “for the substantive offences” under them, against Amanatullah Khan for being in conspiracy with Alam and nine others, where he initially appointed Alam and thereafter got the appointments of nine others in DWB.
It framed the same charges against Alam for being in conspiracy with Amanatullah Khan for his appointment, and additionally for the appointment of nine others.
The court directed that charges be framed against the nine other accused persons “for offence under Section 120 B of IPC read with Section 13(1)(d)/13(2) of PC Act.” All the accused persons pleaded not guilty, following which the court posted the matter for August 21. PTI MNR MNR AMK AMK
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