Delhi Violence: Delhi HC dismisses Tahir Hussain's plea challenges trial court order on framing charges in ED case

New Delhi [India], November 24 : The Delhi High Court on Thursday dismissed Ex AAP Municipal Councillor Tahir Hussain's plea challenging the trial court order on framing of charges in a money laundering case pertaining to North East Delhi Violence held in February 2020.
The Bench of Justice ANU Malhotra on Thursday rejected the petition. The court had kept the order reserved last week, after the conclusion of submissions made by both sides' lawyers.
Advocate Naveen Kumar Malhotra appeared for Tahir Hussain while Advocate Zohaib Hossain appeared for Enforcement Directorate in the case. Court heard the argument of both sides at length.
Recently the trial court passed an 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."
The Trial Court Judge Amitabh Rawat while ordered for framing of charges said that there is sufficient material on record, prima facie, creating grave suspicion against the accused for framing charge against him and to proceed further with the trial of the case.
"Thus, I hold that a charge is framed against the accused Tahir Hussain for the offence under Section 3 of the Prevention of Money Laundering Act, 2002 punishable under Section 4 of the Prevention of Money Laundering Act, 2002," said the Court.
Thus, in terms of the contents of the complaint and the accompanying documents and statements, it emerges, prima facie, that accused Tahir Hussain, acting in conspiracy, engaged in money laundering, as stated in the aforesaid paragraphs, under the provisions of PMLA. The proceeds of crime generated in the conspiracy were used for riots, the court said.
The Court also dismissed the bail plea of Tahir Hussain in the same case.
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 the alleged funding of riots.
Advocate Rizwan counsel for Tahir Hussain in the trial court earlier had submitted 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 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 Laundering ( PMLA) Act.