The plea by the former AAP councillor Tahir Hussain seeking a stay on proceedings in a money laundering case until charges are framed in another case related to the alleged conspiracy behind the 2020 Northeast Delhi riots has been dismissed by a Delhi Court.
The Enforcement Directorate had registered a case under money laundering against Tahir Hussain.
Tahir Hussain has been part of the larger conspiracy case related to the incitement of the riots along with activists Sharjeel Imam, Umar Khalid, and Khalid Saifi.
Tahir Hussain faced charges in a case registered by the Enforcement Directorate (ED).
A case was registerd against Tahir Hussain alleging that he laundered significant amounts using shell companies to fuel protests against the Citizenship Amendment Act (CAA) and the communal riots.
The Additional Sessions Judge Amitabh Rawat of Karkardooma Court has rejected Hussain’s plea, keeping the note that charges in the ED case were framed in January this year.
The appeals by Hussain against the order on charges were dismissed by he Delhi High Court and the Supreme Court earlier.
The court rejected Hussain’s contention that there were no proceeds of crime or money laundering in the case, clarifying that a case under the Prevention of Money Laundering Act (PMLA) could only be registered if there existed a predicate offence, which, in this instance, was the larger conspiracy to incite riots.
The court said that the ED and Delhi Police independently investigated the two separate cases and that once the investigation into the PMLA has been initiated, it is tried as a separate case as well.
The Court stated that the predicate offence triggers initiation of a case under PMLA but is not only independently investigated but also independently and separately tried.
The court stated that there was no judicial precedent supporting the contention that the PMLA matter needed to be stayed until the order on charge, conviction, or acquittal was passed, the court dismissed Hussain’s application for a stay on the proceedings.