Delhi HC Seeks ED's Submissions on Tahir Hussain's Plea in Money Laundering Case

Delhi HC Seeks ED's Submissions on Tahir Hussain's Plea in Money Laundering Case

The Delhi High Court asked the Enforcement Directorate (ED) to provide written submissions supporting its argument that Tahir Hussain's plea, seeking to dismiss a money laundering case related to the 2020 northeast Delhi riots, lacked merit.

Justice Swarana Kanta Sharma issued the directive following a challenge from the ED's counsel regarding the viability of the former AAP councilor's petition.

The high court scheduled the hearing for September and allowed Hussain's counsel the freedom to submit a rejoinder to the ED's response. Additionally, the court sought that the trial court record be presented by the next hearing date.

Represented by senior advocate Maneka Guruswamy, Hussain has filed for the quashing of the Enforcement Case Information Report (ECIR), which is akin to an FIR for the ED, filed in March 2020 under sections 3 (offence of money laundering) and 4 (punishment for the offence of money laundering) of the Prevention of Money Laundering Act (PMLA).

ED's counsel contended that a similar petition had been previously submitted by the accused, which had already been dismissed by the high court. However, Hussain's counsel opposed this contention, stating that the previous petition was a revision plea against an order for framing of charges, whereas the current one seeks a directive to quash the ED's complaint.

On November 24, 2022, the high court dismissed Hussain's plea contesting the framing of money laundering charges against him in the case. It affirmed the trial court's order, stating that there was no flaw in it, as it established a prima facie case against Hussain under the PMLA. Hussain's previous petition had challenged the trial court's November 3, 2022 order, which framed charges against him for the alleged offence under Sections 3 and 4 of the PMLA.

As per the ED's complaint, Hussain allegedly withdrew funds from bank accounts of companies under his ownership or control through fraudulent means, facilitated by bogus entry operators using counterfeit invoices. The complaint further alleges that Hussain was the ultimate recipient of the laundered money, which was obtained through criminal collusion, and that these funds were utilized during the riots in February 2020.

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