2020 Delhi riots: Court summons Special Director of ED over non-appearance of prosecution in Tahir Hussain's case

New Delhi [India], December 6 : Delhi's Karkardooma Court on Tuesday summoned the Special Director of Enforcement Directorate (ED) over the non-appearance of Prosecution in a money laundering case against Aam Aadmi Party's former Councillor Tahir Hussain.
This case is related to the North-East Delhi Riots of 2020.
Additional Sessions Judge (ASJ) Amitabh Rawat summoned the Special Director of ED in person on December 8, 2023.
The court said, "Previously also, there was non-appearance on behalf of the prosecution in the Court to file reply and supply of application/judgments/arguments. Though it was stated that such a thing would not happen again, however, it has again happened."
The court noted that there was a direction to provide an advance copy to the counsel for accused. However, neither an advance copy has been supplied nor even a reply has been filed in the Court.
"In these circumstances, let Special Director (Directorate of Enforcement) appear in person on the next date on December 8 at 2.00 PM," ASJ Rawat ordered on December 5, 2023.
The court also directed to produce accused Tahir Hussain physically from Judicial Custody on the next date.
The court passed the order while dealing with an application moved on behalf of Tahir Hussain.
He had moved an application on November 18, 2023, for which the prosecution had sought time to file a reply.
His counsel advocate Naveen Kumar Malhotra submitted that he has not been provided with any advance copy of the reply of the said application.
The court noted that the IO was not present in the court nor was anybody on behalf of the
prosecution.
"It is already 12.30 PM. The court has waited for around half an hour since 12 PM for somebody to appear on behalf of the prosecution," the court observed.
On January 11, 2023, the court framed the charges against ex-MCD councillor Tahir Hussain in a money laundering case.
He has been charged with the offence of funding the Delhi riots of 2020 through laundered money. He has not pleaded guilty and claimed trial.
The Delhi High Court had dismissed his plea challenging the trial court order framing of charges in a money laundering case.
Earlier, the trial court had passed the order on framing of charges against Tahir Hussain and said, "Tahir Hussain, in a conspiracy to fraudulently withdraw money from the accounts of certain companies owned or controlled by him through bogus and malafide transactions with bogus entry operators on the strength of fake bills with him being the beneficiary and with intent putting it to use towards riots, then accused Tahir Hussain would be set to be deriving or obtaining property as a result of criminal activity associated with/relatable to the scheduled offence as the proceeds of crime and will be guilty of money laundering."
Tahir Hussain is an accused and facing several cases in relation to North East Delhi Violence.
Enforcement Directorate (ED) had registered a complaint against him in connection with alleged funding of riots.
His counsel had submitted that no case of money laundering was made out against his client. He had argued that the basis of the Enforcement Directorate case is the alleged transaction of Rs. 1.5 crore on fake and bogus invoices.
He argued that in the light of the said transaction, only a case of GST is made out against him for transactions through fake and bogus invoices.
According to the Delhi Police, Tahir Hussain is one of the prime accused in connection with North East Delhi Violence held in February 2020.
ED had registered a complaint against him and other accused in the Prevention of Money Launderig ( PMLA) Act.