Read Time: 04 minutes
Court rejected Hussain's plea, emphasizing that charges in the ED case were framed in January this year
A Delhi Court has dismissed the plea of former AAP councillor Tahir Hussain, seeking a stay on proceedings in a money laundering case until charges are framed in another case related to the alleged conspiracy behind the 2020 Northeast Delhi riots.
Accused in a larger conspiracy case related to the incitement of the riots along with activists Sharjeel Imam, Umar Khalid, and Khalid Saifi, Tahir Hussain faced charges in a money laundering case registered by the Enforcement Directorate (ED).
The ED alleged 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 of Karkardooma Court rejected Hussain's plea, emphasizing that charges in the ED case were framed in January this year.
Notably, the Delhi High Court and the Supreme Court had previously dismissed Hussain's appeals against the order on charges.
The court rejected Hussain's contention that there were no proceeds of crime or money laundering in the case, clarifying that a case under the Prevention of Money Laundering Act (PMLA) could only be registered if there existed a predicate offence, which, in this instance, was the larger conspiracy to incite riots.
The court noted that the ED and Delhi Police independently investigated the two separate cases.
''Once the investigation into the PMLA has been initiated, it is tried as a separate case as well. Thus, predicate offence triggers initiation of a case under PMLA but is not only independently investigated but also independently and separately tried,'' the court stated.
The court highlighted that a stay on proceedings was not mandated by law, and such an action would result in the loss of public witnesses.
Stating that there was no judicial precedent supporting the contention that the PMLA matter needed to be stayed until the order on charge, conviction, or acquittal was passed, the court dismissed Hussain's application for a stay on the proceedings.
The court emphasized that staying the recording of evidence in the ED case would impede the matter itself, despite the availability of witnesses.
Case Title: State Vs. Tahir Hussain & Anr.
Please Login or Register
