The Bombay City Civil and Sessions Court on Wednesday rapped the Enforcement Directorate (ED) for not putting up a proper case against Pune-based real estate agent and stud farm owner Mr Hasan Ali Khan while seeking his custody.
“At least prima facie, you have to be able to make out some case (against Hasan Ali),” the Principal Judge, Mr M.L. Tahaliyani, told the ED.
He adjourned the case till Thursday asking the ED to “do homework.” Mr Hasan Ali will remain in ED custody for another day.
The ED demanded 15 days' custody of Mr Hasan Ali saying that he had already admitted to some of his crimes. The Special Public Prosecutor, Ms Niti Punde, told the court that the transfer by Mr Ali of $7,00,000 from Sarasin Bank in Basel, Switzerland to the account of S K Financial Services, UK, was the subject matter of the remand application.
She said that previously Mr Ali had denied transferring the funds. “(It was) only on the 15th (February) for the first time that he has admitted only a few things. This is a matter which needs further enquiry,” Ms Punde told the judge.
The agency had last recorded Mr Ali's statement on February 15 after which he was summoned to present himself on March 10. “Initially he had flatly denied his involvement. He said the documents were forged. But now he admits. He won't co-operate or give any evidence unless he is in custody,” she said.
But Mr Justice Tahaliyani asked the agency to “show the criminal activity.”
“You show me one of the ingredients of the offences,” he said.
Ms Punde told him that the agency had received documents of the transaction from the Income-Tax Department in 2007, wherein the initial deposit in the account was found to be $15,00,000.
“Have you found out where it has come from?” Mr Justice Tahaliyani asked.
“Some crime has been committed. The proceeds are tainted money which is being shown as untainted money. You show me the criminal activity,” he said.
Meanwhile, Mr Hasan Ali pleaded to the court that the ED be asked to submit original documents.
ED sources said that Mr Ali's remand was being sought mainly on four grounds: to investigate the transfer of funds from Sarasin Bank to the account of S K Financial Services, UK; to investigate into the alleged amount of $8.04 billion which have been stashed in the UBS account; and that Mr Ali has not been co-operating during the investigation; and if granted bail, he may tamper with the evidence.