The Enforcement Directorate has informed the Delhi High Court on Thursday that the plea by suspended AAP councillor Tahir Hussain challenging his three-day remand in a money laundering case related to the north-east Delhi riots has become ‘infructuous’ as he has been sent to judicial custody now.
The ED said Mr. Hussain’s plea need not be heard now as he has been handed over to the Tihar jail authorities on expiry of his three-day ED custody. The submission came on Mr. Hussain’s plea seeking to set aside the remand order of September 7, passed by a trial court and a direction to the ED to immediately send him to Tihar jail.
Additional Solicitor General S.V. Raju, representing the ED, said the trial court’s September 7 order clearly says that the accused be handed over to Tihar jail authorities on September 10, and the agency has complied with the direction.
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Mr. Hussain’s counsel opposed the submission of ED and said he is on the point of law and his prayer is to set aside the trial court’s order. Justice Yogesh Khanna posted the case for hearing on November 24.
The ED was probing the allegation that Mr. Hussain and his linked persons laundered about ₹1.10 crore funds by using purported shell or dummy companies to fuel the protests against the Citizenship (Amendment) Act (CAA) and the riots.
Mr. Hussain’s counsel challenged the trial court’s extension of remand order on the ground that the 15-day period for grant of police custody has to begin from the date of formal arrest, that is, August 20 and thus, further extension of police remand is not permissible in law.
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“Trial Court has erred in deciding the abovesaid application. It is held by the Supreme Court of India in a catena of judgments that 15 days period for grant of police custody has to begin from the date of formal arrest i.e 20.08.2020 and thus, further extension of police remand is not permissible in law,” his petition stated.