Delhi Riots: Court Summons ED Special Director Over Non-Appearance Of Prosecution In PMLA Case Against Tahir Hussain

A Delhi Court yesterday summoned the Special Director of the Enforcement Directorate over non-appearance of the prosecution in a money laundering case registered against Aam Aadmi Party Councillor Tahir Hussain in connection with the North-East Delhi riots of 2020.

Additional Sessions Judge Amitabh Rawat said there was non-appearance on behalf of the prosecution in the court for filing reply and supply of application or judgments or arguments in the matter.

“Though it was stated that such thing would not happen again, however, it has again happened. In these circumstances, let Special Director (Directorate of Enforcement) to appear in person on next date i.e. 08.12.2023 at 2.00 PM,” the court ordered.

This was after Hussain moved an application last month seeking permission to allow him for getting attestation of GPA in court in favour of his wife regarding filing of certain documents before HUDA.

Hussain's counsel, Advocate Naveen Kumar Malhotra, told court yesterday that he was not provided with any advance copy of ED's reply to the said application.

Noting that the IO was not present in court nor was anybody else on behalf of the prosecution, the judge said:

“It is already 12.30 PM. The Court has waited for around half an hour since 12.00 PM for somebody to appear on behalf of the prosecution.”

It added: “There was a direction to provide advance copy to the counsel for accused. However, neither advance copy has been supplied nor even reply has been filed in the Court. Previously also, there was non-appearance on behalf of the prosecution in the Court for the purpose of filing reply and supply of application/judgments/arguments.”

While listing the matter for hearing on December 08, the court ordered Tahir Hussain to be produced physically from judicial custody on the next date.

“Copy of this order be e-mailed to the Ld. Counsel for accused, Ld. Special Public Prosecutor as also to worthy Director (ED),” it said.

The PMLA case was registered against Hussain 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.

In November last year, the Delhi High Court dismissed Hussain's plea challenging framing of charges against him in the case under Section 3, which is punishable under Section 4 of the Prevention of Money Laundering Act, 2002. 

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.

While framing charges, the trial court 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".

Perusing the contents of the complaint, accompanying documents and statements of witnesses, the trial court had observed that prima facie Hussain, while acting in conspiracy, engaged in the offence of money laundering.

The proceeds of crime generated in the conspiracy was put to use for riots, the judge had added.

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