A Delhi court on Thursday ordered the release of Aam Aadmi Party MLA Amanatullah Khan in the Delhi Waqf Board money laundering case due to the lack of sanction to prosecute him, reported The Indian Express.

Khan, who has been in judicial custody for two months, was granted bail against a bond of Rs 1 lakh.

Special Judge Jitendra Singh of Rouse Avenue Court noted sufficient evidence to continue the proceedings against Khan but said it could not do so as no sanction had been obtained to prosecute him.

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Earlier this month, the Supreme Court had held that prior sanction from the government is required to take cognisance of any offence against public servants under the Prevention of Money Laundering Act.

The MLA from Delhi’s Okhla constituency was arrested by the Enforcement Directorate on September 2. The court on Thursday also declined to take cognisance of a supplementary chargesheet filed in the case by the law enforcement agency.

The case against Khan is based on two first information reports.

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The first FIR concerns alleged irregularities in appointments to the Delhi Waqf Board and the alleged misappropriation of its funds during Khan’s chairmanship between 2016 and 2021.

The second FIR is related to an alleged disproportionate assets case.

On October 10, the Enforcement Directorate filed a 110-page supplementary complaint accusing Khan of laundering money linked to corruption in the Delhi Waqf Board, reported PTI.

The complaint also named another accused, Mariam Siddiqui, but the court found no evidence to continue the proceedings and discharged her from the case.