Counsel for Tahir Hussain concluding his argument on bail plea in money laundering case on Saturday said, "he can't be kept behind the bars during the pendency of the trial of riots case which will take years to be concluded."
He argued that the case of money laundering is not made out against him.
Ex AAP Councilor Tahir Hussain is accused of a money laundering case related to Northeast Delhi Violence. It is alleged by the agency that he used proceed of crime for funding of riots in Northeast Delhi in February 2020. He is in custody for one and a half years.
Advocate Rizwan concluded his argument before the Additional Sessions Judge Amitabh Rawat. The Court has fixed the matter to hearing the arguments of Prosecution on the bail plea.
Counsel for Tahir Hussain submitted that no case of money laundering is made out against his client. He argued that the basis of the Enforcement Directorate (ED) 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 transaction through fake and bogus invoices.
Rizwan during his argument questioned the reliability of the prosecution witness including Rahul Kasana. The prosecution has relied upon many witnesses who deposed that Tahir Hussain distributed money to Suleman Siddiqui, Gulfisha including others at protest sites.
He argued that Hussain has been made accused of money laundering along with Amit Gupta. He argued that Amit Gupta has not been made an accused of the riots case on the basis of which this money laundering case was registered.
Counsel finally argued that there is no flight risk, no risk of tampering with evidence or influencing the witness as the applicant would remain in custody in other cases. In this situation the apprehension of the prosecution is baseless.
He also argued that the punishment in the instant case is seven years and he can not be convicted without conviction in the main riots cases and that will take years to be completed. The accused has already undergone a period of one and a half years in jail. In this situation, the applicant can't be kept in jail for a prolonged period.
He also relied upon the judgement of the Supreme Court in the bail matter of Sanjay Chandra and P. Chidambaram on the point of gravity. He referred to the judgement of the Delhi High Court in the bail matter of Shivinder Mohan Singh on the point of an ongoing investigation and prolonged custody.
Delhi Court had taken cognizance on a charge sheet filed against AAP's suspended councillor Tahir Hussain and others in IB staffer Ankit Sharma murder case. He is also accused along with others in the Delhi riots case conspiracy case.
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.
( With inputs from ANI )
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