Delhi Court Rejects Ex-AAP Councillor Tahir Hussain's Plea for Stay in Money Laundering Case Linked to 2020 Delhi Riots Conspiracy

Delhi Court Rejects Ex-AAP Councillor Tahir Hussain's Plea for Stay in Money Laundering Case Linked to 2020 Delhi Riots Conspiracy

The Delhi Court rejected former AAP councillor Tahir Hussain's request to halt proceedings in a money laundering case until charges were framed in another case linked to the suspected conspiracy behind the 2020 Northeast Delhi riots.

Tahir Hussain, accused in a broader conspiracy case involving activists Sharjeel Imam, Umar Khalid, and Khalid Saifi for their alleged roles in inciting the riots, also faced charges in a money laundering case filed by the Enforcement Directorate (ED).

In the said matter, the Enforcement Directorate claimed that Hussain laundered significant amounts using shell companies to fuel protests against the Citizenship Amendment Act (CAA) and the communal riots

Additional Sessions Judge Amitabh Rawat at Karkardooma Court dismissed Hussain's plea, underscoring that the charges in the Enforcement Directorate (ED) case were formulated in January earlier this year.

Significantly, both the Delhi High Court and the Supreme Court had previously rejected Hussain's appeals challenging the order on charges against him.

The court dismissed Hussain's argument stating the absence of proceeds of crime or money laundering, explaining that according to the Prevention of Money Laundering Act (PMLA), a case could only be initiated if there was a predicate offence. In this case, it was the overarching conspiracy to instigate riots that constituted the predicate offence. The court observed that both the Enforcement Directorate (ED) and the Delhi Police conducted individual investigations into the two distinct cases.

Emphasizing that there was no legal requirement mandating a stay on proceedings, the court underscored that such an action could lead to the loss of crucial public witnesses. The court also pointed out the absence of any judicial precedent supporting the argument that the matter under the Prevention of Money Laundering Act (PMLA) must be stayed until the order on charges, conviction, or acquittal was delivered. Consequently, the court dismissed Hussain's request for a stay on the proceedings.

Case Title: State Vs. Tahir Hussain & Anr.

 
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