The Delhi High Court on Wednesday said that it will hear tomorrow suspended AAP leader Tahir Hussain's plea against a trial court order extending his remand in a money laundering case related to the northeast Delhi violence by three days.
A single-judge bench of Justice Yogesh Khanna asked counsel of the petitioner to place the judgement which he is citing to support his case.
Advocate KK Manon, Hussain's counsel, told the High Court that the trial court has erred in deciding the Enforcement Directorate's (ED) application and said that 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, and thus, further extension is not permissible in law.
"That it is fundamental to mention here that an application for further remand of the present petitioner for a period of nine days was moved by the ED on September 5 which was vehemently opposed by the counsel for the petitioner," Hussain said in a plea filed through advocate Uditi Bali.
The plea said that 15 days period for grant of police custody has to begin from the date of formal arrest, which is August 20, and thus further extension of police remand is not permissible in law.
"That it is pertinent to mention here that remand was extended for a period of three days vide order dated September 7, 2020, passed by Amitabh Rawat, ASJ, Shahdara District, Karkardooma Courts, Delhi by observing that the period of 15 days will be calculated from August 28, when the order of remand was passed," the plea said.
"However, Section 167 Code of Criminal Procedure (CrPC) speaks contrary to the findings of the trial court. That it is submitted that as he was detained in other cases he could not be released and therefore the meaning of arrest and detention is the same," it added.
A Delhi court had earlier this week extended till September 10 the ED custody of Tahir Hussain in connection with a money laundering case related to the northeast Delhi violence.
The ED has made him accused of money laundering and various other fraudulent acts of cheating, falsification/forgery of documents and criminal conspiracy. Earlier he was sent on six-day ED remand by the court.
Recently, a Delhi Court had taken cognizance on a chargesheet filed against AAP suspended councillor Tahir Hussain and others in a case related to the murder of Intelligence Bureau (IB) staffer Ankit Sharma during the northeast Delhi violence in February this year.
According to the Delhi Police, Tahir Hussain is one of the prime accused in connection with northeast Delhi violence, in which at least 53 people lost their lives.