Delhi: Tahir Hussain Gets Bail In Money Laundering Case

Delhi's Karkardooma Court granted bail to popular leader Tahir Hussain in money laundering allegations. Arrested on March 6, 2020, by the Enforcement Directorate (ED), Hussain has already served half of his sentence relating to these charges.

Despite the bail, he will continue to be held due to his alleged involvement in a broader conspiracy concerning the Delhi 2020 riots, which includes accusations of funding the anti-CAA NRC protest and inciting communal unrest.

During the court proceedings, Additional Sessions Judge (ASJ) Sameer Bajpai took into account various arguments and submissions made by both Hussain's counsel and the ED before deciding on the bail. To secure his release, Hussain is required to provide a personal bond of Rs 50,000 along with two surety bonds of the same amount.

The decision comes after careful consideration of Hussain having already served half of his sentence, a factor that significantly influenced the court's ruling. ASJ Bajpai cited provisions under section 436-A Cr.P.C. and highlighted the importance of the duration of detention already served by the accused in making his decision.

The court has laid down specific conditions for Hussain's bail, emphasizing that he must not exit the Delhi NCR area without prior court permission. Additionally, he is prohibited from engaging in any activities similar to those he is accused of and from attempting to contact or influence any witnesses related to the case.

The decision reflects the court's cautious approach, aiming to prevent any potential interference with the ongoing investigation or judicial process.

Hussain's legal representatives, advocates Naveen Malhotra and Ritwik Malhotra, argued for his bail by pointing out the lengthy judicial process ahead, especially considering the hundreds of witnesses in the case linked to the predicate offence. They contended that keeping Hussain detained without a clear timeframe for the trial's conclusion serves no purpose, especially since he has already served a significant portion of the possible sentence.

This bail application faced opposition from the ED's special public prosecutor (SPP), who argued against the applicability of Section 436-A of the Cr.P.C. in this case. The SPP emphasized the seriousness of the offences Hussain is accused of, including criminal conspiracy, cheating, and document falsification, to argue against his release.

The ED's investigation has revealed that Hussain allegedly played a key role in directing significant funds from various companies to fuel the riots, with the total proceeds of crime estimated to be around Rs 5.24 crores.

Despite the ED's opposition, the court's decision to grant bail highlights the judicial consideration given to the duration of detention already served and the principle that the accused is entitled to bail after serving half of the maximum sentence for the alleged offences.