Delhi Riots: Court Grants Bail To Tahir Hussain In ED Case, Cites High Court Ruling Granting Relief To Sharjeel Imam
A Delhi Court on Saturday granted bail to former Aam Aadmi Party Councillor Tahir Hussain in a money laundering case registered in connection with the North East Delhi riots of 2020.Additional Sessions Judge Sameer Bajpai of Karkardooma Courts noted that Hussain has undergone detention of more than one half of the period of imprisonment, as provided for the alleged money laundering...
A Delhi Court on Saturday granted bail to former Aam Aadmi Party Councillor Tahir Hussain in a money laundering case registered in connection with the North East Delhi riots of 2020.
Additional Sessions Judge Sameer Bajpai of Karkardooma Courts noted that Hussain has undergone detention of more than one half of the period of imprisonment, as provided for the alleged money laundering offence, entitling him to be released on bail.
The judge said that even though there was delay on the part of Hussain of approximately 241 days, excluding which he had already undergone more than half of the period of the detention as provided for the offence.
The Court relied on the Delhi High Court ruling granting bail to Sharjeel Imam in the seditious speeches case, noting that he and Hussain are both accused in the UAPA larger conspiracy case in which Hussain is accused of committing the predicate offences.
“Thus, when the Hon'ble High Court of Delhi has already dealt with the similar matter and given the observation that there was no justifiable reason with this court which could have compelled the court from granting the relief to the accused, this court has to follow the ruling of the Hon'ble High Court and in no way can form any other opinion,” the Court said.
According to the Enforcement Directorate, Hussain "hatched a conspiracy with his associates to fraudulently withdraw money" from the accounts of certain companies — M/s. Show Effect Advertisement Pvt. Ltd. (SEAPL), M/s. Essence Cellcom Pvt. Ltd. (ECPL) and M/s. Essence Global Services Pvt. Ltd. (EGSPL), "owned and controlled" by him "through bogus and malafide transactions with bogus entry operator on the strength of fake bills".
The ED's case is that he was the ultimate beneficiary of laundered money and used it during the riots in North- East Delhi in February 2020.
The PMLA case was registered on the basis of the three FIRs lodged in relation to the riots - FIR No. 59/2020, FIR No. 65/2020 and FIR No. 88/2020.
The trial court had framed charges in the case against Hussain in 2022. While doing so, it had observed that ED's complaint "made out a case" of Hussain working in conspiracy with Amit Gupta in generating proceeds of crime which was then put to use by the former for the "purpose of riots".
The proceeds of crime generated in the conspiracy was put to use for riots, the judge added.
The framing of charges were upheld by the Delhi High Court in November 2022. Thereafter, the Supreme Court refused to entertain his SLP against the High Court order.
“The case is only at the stage of framing of the charges. Therefore, we see no reason to interfere with the impugned order at this stage. It is needless to say that the proceedings have to be as per in the judgement laid down in Vijay Madanlal Choudary vs Union of India”.
Case title: Assistant Director E.D. New Delhi vs. Tahir Hussain & Anr
