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Court denies bail to Kashmiri separatist leader in PMLA case
A Delhi court rejected the bail plea of Kashmiri separatist leader Shabir Shah after the Enforcement Directorate said it was probing whether he had received money from countries such as Pakistan to promote terrorism in India.
New Delhi
Taking note of the ED's submission that Shah had failed to explain the source of huge money received in his bank account, Additional Sessions Judge Sidharth Sharma said that the offence was serious and there were chances of evidence being tampered with in the case if the Hurriyat leader was granted bail.
"Investigation of this case is at a crucial stage and there are chances of witnesses being influenced and evidence being tampered and considering that offence is serious, I do not consider it a fit case for grant of bail to the accused," the court said.
Advocate Naveen Kumar Matta, appearing for the probe agency, told the court that co-accused Mohd Aslam Wani had told the ED as well as the Delhi Police that he had been working as a carrier for Shah.
He said that the investigation was at an initial stage and the agency had to ascertain as to from where such a huge cash amount reached the bank accounts of Shah and whether those sources were legitimate.
The agency also said that the agency was trying to probe as to whether the money was received from any enemy country to promote terrorism in the country.
"Money are alleged to have come from Pakistan and other foreign countries. Shah failed to explain source of money," the agency said.
Advocate M S Khan, appearing for the accused, said that Shah was not an accused in the case filed by the Delhi Police on basis of which the current money laundering case was filed.
He told the court that Shah was a political leader and allegations levelled against him were motivated and that he was in continuous house arrest since 2011.
During the proceedings, the ED also told the court that Shah's wife, Bilquees Shah, was also summoned by the agency in connection with the case.
She was present before the court and submitted that she joined the probe thrice.
On August 3, the court had allowed the ED custody of Shah after the agency alleged that he was "ruining" the country by using money to fund terror.
Shah was arrested by the ED a day after several Hurriyat leaders were taken into custody of the National Investigating Agency (NIA) in a case of alleged terror funding in the valley to fuel unrest.
He was arrested in connection with the August 2005 case in which the Special Cell of Delhi Police had arrested 35-year old Wani, an alleged hawala dealer who is currently in ED custody, claiming that Rs 63 lakh was recovered from Wani, out of which Rs 52 lakh was allegedly to be delivered to Shah.
The agency had earlier issued summonses to Shah in the case, the prosecution had said, adding that Wani had claimed that he had given Rs 2.25 crore to Shah.
Investigating agencies such as the NIA have cracked down on Hurriyat leaders, arresting Syed Ali Shah Geelani's sonin-law - Altaf Ahmed Shah, also known as Altaf Fantoosh and six other Kashmiri separatists.Â
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