A Delhi court has framed charges against former AAP leader Tahir Hussain under the Prevention of Money Laundering Act (PMLA).
The court was hearing a case pertaining to money laundering, registered by the Enforcement Directorate (ED) in connection with the 2020 riots in northeast Delhi.
The court said prima facie, Hussain conspired to engage in money laundering and the proceeds generated from the crime were used for the riots.
Additional Sessions Judge Amitabh Rawat said in an order passed on Thursday, “Thus, I hold that a charge be framed against the accused Tahir Hussain for the offence under Section 3 (offence of money laundering) of the Prevention of Money Laundering Act…” “I am of the view that there is sufficient material on record, prima facie, creating grave suspicion against the accused for framing charges against him and to proceed further with the trial.” According to the ED complaint, Hussain fraudulently withdrew money from accounts of certain companies owned or controlled by him through bogus entry operators on the strength of fake bills.
Hussain was the ultimate beneficiary of the laundered money and the money obtained through criminal conspiracy was put to use during the riots in February 2020, the ED said in the complaint.
Delhi Police had registered three FIRs against Hussain and others under various sections of the Indian Penal Code regarding the riots.
Based on the Delhi Police FIRs, inquiries were initiated and the ED registered an ECIR (Enforcement Case Information Report) on March 9, 2020.
Meanwhile, Hussain’s plea for statutory bail on the grounds that the ED had filed an incomplete charge sheet or complaint was rejected by the court.
“I am of the opinion that there is no merit in the bail application. Hence, the present bail application of accused Tahir Hussain… is accordingly dismissed,” said Additional Sessions Judge Rawat in another order passed on Thursday.
Considering the facts, it cannot be said the prosecution has filed an incomplete charge sheet or complaint, giving rise to his right to statutory bail under the Code of Criminal Procedure (CrPC), the judge further said.
The court noted that in the present case, the prosecution (ED) had filed the complaint and the court had taken cognizance on October 17, 2020.
“In fact, the first bail application… was also dismissed on merits on March 5, 2022, and the accused had never moved the High Court of Delhi against the said order,” the court said.
“Thus, it cannot be said that an incomplete complaint was filed on the basis of an incomplete investigation so as to defeat the statutory rights of bail of the accused.” If further investigation is pending regarding some other accused persons, then it cannot be said the complaint is incomplete regarding Hussain, the court said in its order.
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