Principal sessions court judge ML Tahaliyani heard the ED’s argument and will issue an order on Friday morning whether Ali should be remanded in custody or not.
Having been left red-faced by a special court on Wednesday for not doing their “homework” in the Hasan Ali case, the enforcement directorate (ED) came armed for the hearing on Thursday with a new counsel from Delhi.
Principal sessions court judge ML Tahaliyani heard the ED’s argument and will issue an order on Friday morning whether Ali should be remanded in custody or not.
Rajiv Awasthi, the new counsel who flew into Mumbai on Wednesday with a special team, opened his argument by citing Khan’s non-cooperation on 29 previous occasions when he was summoned to the ED office for questioning.
“Eighteen out of the 29 times he was called to answer questions relating to violations of Prevention of Money Laundering Act (PMLA),” Awasthi informed the court. “We have absolute proof of certain transactions and there are positive links being established now. Thus, a state of remand for Hasan Ali is essential.”
He also said that the ED was under a binding duty since the Supreme Court has set a deadline to submit the status report by March 18. “We have to bridge the gaps of the missing links by just examining Ali.”
The ED presented a sealed cover to the court claiming it had evidence to link him to various offences and sought his remand.
Awasthi said that among the evidence presented to the court in confidence were 16 admitted documents and he described this as ‘clinching evidence’. “The documents show activities that are highly questionable,” he added.
However, Tahaliyani maintained that the ED still had to pin-point that one case which would fall under the PMLA. “Have you been able to put up sufficient material before me which proves that there is some offence punishable under Sec (3) of the money laundering act,” asked Tahaliayani.
Awasthi emphasised on Khan’s links to Dubai-based international arms dealer Adnan Khashoggi.
“These links required to be probed as they have a bearing on national security,” Awasthi said.
He told the court that the transactions were done in such a way that Ali need not be directly involved in any of the transactions.
“Ali is the absolute holder of all accounts. He has nominated one person who has been given the power of attorney at different places. Ali just has to give oral orders to the person who would then execute the transactions on his behalf,” Awasthi said.
“We have the statement of one person based in Switzerland who has confessed to have done this job,” he added.
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