The Delhi High Court Thursday dismissed former AAP councillor Tahir Hussain’s plea challenging charges framed against him by a trial court in a money laundering case in connection with the 2020 Northeast Delhi riots.
A single judge bench of Justice Anu Malhotra said that there was no infirmity in the trial court’s order where it had found a prima facie case against Hussain for the “alleged commission of offence under Section 3 of the PMLA, 2002… the petitioner (Hussain) allegedly acted prima facie in conspiracy and engaged in money laundering with the proceeds of crime generated having been put to use for riots by way of fraudulently withdrawing money from the accounts of companies owned or controlled by him through bogus and malafide transactions… and being the beneficiary of the same and with intent to put the said money to fund the Delhi riots and thus, obtained property as the result of the criminal activity relatable to the scheduled offence as the proceeds of crime to make him prima facie culpable under Section 3 of the PMLA, 2002”.
The HC referred to statements of several witnesses, including the driver of Hussain who saw him give money to two persons who were related to the anti-CAA protests/Delhi riots asking them to keep the money as it could be used in anti-CAA protests/gathering people/any kind of nuisance or uproar.
“The statements of other witnesses recorded under Section 50 of the PMLA, 2002 as reproduced from the ECIR, all prima facie indicate the alleged complicity of the petitioner (Hussain) with persons to cause an illegal act to be done through illegal means which would fall within the ambit of Section 120A (criminal conspiracy) of the Indian Penal Code, 1860 making the offence allegedly committed punishable under Section 120B of the Indian Penal Code, 1860,” the HC held.
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