A court here has dismissed former AAP councillor Tahir Hussain's plea seeking a stay on proceedings in a money laundering case against him till charges are framed in another case related to alleged conspiracy behind the 2020 Northeast Delhi riots.
Twenty people, including Hussain and activists Sharjeel Imam, Umar Khalid and Khalid Saifi, have been arraigned as accused in the case related to the larger conspiracy to incite the riots.
The money laundering case, registered by the Enforcement Directorate (ED), emanates from the larger conspiracy matter. The agency has alleged that Hussain laundered several crore rupees using shell or dummy companies to fuel protests against the Citizenship Amendment Act (CAA) and the communal riots.
Underlining that charges in the ED case were framed in January this year and Hussain's appeals against the order on charges were dismissed by the Delhi High Court and the Supreme Court, Additional Sessions Judge Amitabh Rawat rejected the former councillor's contention that there were no proceeds of crime or money laundering in the case.
The judge said a case under the Prevention of Money Laundering Act (PMLA) can only be registered if there exists a predicate offence (larger conspiracy to incite riots) and that both cases were investigated by separate agencies -- ED and Delhi Police.
"Once the investigation into the PMLA has been initiated, it is tried as a separate case as well. Thus, predicate offence triggers initiation of a case under PMLA but is not only independently investigated but also independently and separately tried," the court said in its order passed on December 14.
"It is also clear that if there is an order of discharge or acquittal in the predicate offence, then the proceedings in the PMLA case shall come to a stop. That does not mean that if there is an order on charge or conviction, there would also be an automatic conviction in the PMLA case," it added.
The court said Hussain's contention to stay the proceedings was not mandated by law and a stay would result in public witnesses being lost.
Staying the recording of evidence in the ED case would "put an embargo" on the matter itself despite the availability of witnesses, it said.
"There is no judgement of the Supreme Court or the Delhi High Court to buttress the contention that the PMLA matter needs to be stayed till the time order on charge/conviction or acquittal is passed," the court noted.
The application filed by accused Hussain for a stay on the proceedings stands dismissed, it said.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
Featured Video Of The Day
'Why Are We Always Targeted?': Bangladeshi Hindus, Md. Yunus Assures Safety
No Reason To Not Grant Relief: Court On Bail In Activist Sharjeel Imam Case 2020 Delhi Riots: Court Rejects Umar Khalid's Bail In "Larger Conspiracy" Case NewsClick Founder Infused Funds From China To Stoke Delhi Riots: Police Vandalism At Kolkata Hospital Where Doctor Was Raped, Tear Gas Fired Starbucks' Indian-Origin CEO, Recently Fired, Never Worked Past 6 pm 150 mg Semen In Kolkata Doctor's Body, Suspect Gang-Rape: Parents To Court "Malicious Campaign": Top Kolkata Cop Blames Media For Hospital Vandalism 1.4 Million Afghan Girls Banned From Schools Since Taliban Return To Power US Judge Says "Monopolist" Google Can't Avoid App Store Reforms Track Latest News Live on NDTV.com and get news updates from India and around the world.