The Supreme Court has transferred Samajwadi Party leader and former Uttar Pradesh minister Azam Khanโs petition challenging his arrest by the Enforcement Directorate (ED) to the Allahabad High Court.
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Khan has alleged that the ED took him into custody just 40 minutes after he was released from jail on October 29. His petition also contests the November 1 order of a special court that sent him to judicial custody.
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A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi directed the Registrar General of the Allahabad High Court to place the matter before a division bench on November 16. The Supreme Court further ordered that the case documents be forwarded to the High Court within two days.
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The bench clarified that it was not expressing an opinion on the merits of Khanโs challenge. CJI Surya Kant said there could be substance in the submissions, but left the issues for the High Court to examine.
Kapil Sibal raises political vendetta allegation
Senior advocate Kapil Sibal, representing Khan, argued that the arrest amounted to political vendetta. He said Khan had obtained bail in the other cases pending against him, only to be arrested by the ED shortly after leaving jail.
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Sibal also raised concerns that the action could be aimed at keeping Khan in prison during the forthcoming Uttar Pradesh Assembly elections.
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Questioning the timing of the proceedings, Sibal asked why an FIR concerning an alleged 2006 incident was registered only in 2019. He also referred to complaints in which goats and cows were allegedly identified as proceeds of crime, meaning property acquired through criminal activity.
Petition seeks interim release
Khan has sought interim relief in the form of release from jail while challenging both the EDโs arrest and the special courtโs remand order. The PMLA court had earlier sent him to 14 days of judicial custody.
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When questioned by reporters after the custody order, Khan said, โNow, what is left to say?โ
ED case registered under PMLA in 2019
Twenty-six cases were registered against Khan in 2019. The ED subsequently filed a case against him under the Prevention of Money Laundering Act (PMLA) on August 1, 2019.