Delh

Delhi riots: HC to hear Tahir Hussain’s plea challenging ED custody today

The Delhi High Court on Wednesday said it will hear suspended AAP councillor Tahir Hussain’s plea, challenging his three days remand to Enforcement Directorate (ED) custody in a money laundering case related to the Delhi riots, on Thursday.

Justice Yogesh Khanna asked the counsel for Mr. Hussain to place on record the judgments which he was referring to while posting the case for Thursday.

Mr. Hussain has sought setting 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.

Money laundering

The ED was probing allegations that Mr. Hussain and his accomplices laundered over ₹1.10 crore funds by using purported shell or dummy companies to fuel the protests against the Citizenship Amendment Act and the riots.

In his plea before the High Court, Mr. Hussain said he was formally arrested by the ED on August 20 from Tihar jail and on August 28, he was remanded in its six-day custody.

The ED again sought extension of Mr. Hussain’s custody by nine days and the court on September 7 granted them three days to quiz him with the direction that he be handed over to Tihar jail authorities on September 10. His 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, i.e., August 20 and thus, further extension of police remand is not permissible in law.

“It is held by the Supreme Court in a catena of judgments that 15 days period for grant of police custody has to begin from the date of formal arrest,” his petition stated.

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