The Delhi High Court has sought a response from the Enforcement Directorate on Mohammad Aslam Wani’s plea to quash the money laundering case against him. Wani claims he was cleared of related terror charges back in 2010.
The Delhi High Court requested a response from the Enforcement Directorate (ED) regarding a plea from Mohammad Aslam Wani, an alleged hawala dealer, who is seeking to quash a money laundering case against him.
Justice Sanjeev Narula issued a notice to the ED and scheduled the hearing for September 26.
Wani argues for the dismissal of the PMLA case on the grounds that a 2010 trial court ruling had cleared him of terror funding charges linked to a 2005 case, which was the basis for the money laundering case initiated in 2007.
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He noted that this verdict was upheld by the Delhi High Court in October 2017.
Advocate M.S. Khan stated that Wani has been exonerated of all charges except for those under the Arms Act for possession of arms.
Khan said,
“Consequently, the allegations by the prosecution regarding the generation of proceeds of crime from criminal activities related to the scheduled offence do not hold water. This perfectly aligns with the legal principle that if the underlying scheduled offence does not stand, the related proceedings under the Prevention of Money Laundering Act (PMLA) also falls flat,”
He expressed concern over the prolonged duration of the trial without significant progress.
Charges against Wani and co-accused Shabir Shah, a Kashmiri separatist leader, were framed in January 2017; however, after nearly seven years, only 4 out of 33 witnesses have been examined, Khan added.
Wani was arrested in Srinagar on July 26, 2017, in connection with the money laundering case, while Shah was also apprehended by the agency on the same date.
The ED’s actions against both are linked to a case from August 2005, when the Delhi Police’s Special Cell arrested Wani, who claimed to have transferred Rs 2.25 crore to Shah. Although a Delhi court cleared Wani of terror funding charges in 2010, he was convicted under the Arms Act.
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Wani was allegedly found with Rs 63 lakh, purportedly received through “hawala” channels from the Middle East, along with a substantial amount of ammunition on August 26, 2005.
He reportedly informed the police that Rs 50 lakh was intended for Shah, Rs 10 lakh for Abu Baqar, a Jaish-e-Mohammad area commander in Srinagar, and that the remaining amount was his commission.
Wani, a resident of Srinagar, also claimed to have delivered approximately Rs 2.25 crore to Shah and his associates in several installments.