Court reserves order on bail plea of Tahir Hussain in ED case
Feb 08, 2022
New Delhi [India], February 8 : A Delhi Court on Tuesday reserved the order on the bail plea moved by ex-Aam Aadmi Party (AAP) councillor Tahir Hussain in money laundering cases related to Northeast Delhi violence of February 2020.
Tahir Hussain is accused in many riots related cases and has been in custody for one and a half years. He is also an accused in the riots conspiracy case. Enforcement Directorate (ED) had registered a complaint against him in connection with the alleged funding of riots.
Additional Sessions Judge Amitabh Rawat on Tuesday reserved the order on the bail plea of Hussain after hearing the submissions of the counsel for the accused and investigation agency. Court will pronounce the order on February 15.
Advocate N. K. Matta, Special Prosecutor for ED on Tuesday concluded his arguments saying, "There is sufficient material on record against the accused and case of money laundering is made out against him."
SPP also argued that there is sufficient evidence and witnesses to the effect that the accused was involved in the funding of riots. He distributed money to other accused persons for riots and procuring the weapons.
On the other hand, Advocate Rizwan, counsel for Tahir Hussain had concluded that no case of money laundering is made out against his client. He had argued that the basis of the Enforcement Directorate case is an 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 transaction through fake and bogus invoices.
Counsel for the accused had questioned the reliability of the prosecution witness including Rahul Kasana. The prosecution has relied upon many witnesses who deposed that Tahir Hussain distributed money to Suleman Siddiqui, Gulfisha and others at protest sites.
He argued that Tahir Hussain has been made accused of money laundering along with Amit Gupta. He argued that Amit Gupta has not been made an accused of the riots case on the basis of which this money laundering case was registered.
Counsel finally had argued that there is no flight risk, no risk of tampering with evidence or influencing the witness as the applicant would remain in custody in other cases. In this situation the apprehension of the prosecution is baseless.
He also argued that the punishment in the instant case is seven years and he can not be convicted without conviction in the main riots cases and that will take years to be completed. The accused has already undergone a period of one and a half years in jail. In this situation, the applicant cannot be kept in jail for a prolonged period.
According to the Delhi Police, Tahir Hussain is one of the prime accused in connection with North East Delhi violence in February 2020. ED had registered a complaint against him and other accused in the Prevention of Money Laundering (PMLA) Act.