New Delhi: The Delhi High Court on Wednesday said that it will hear tomorrow suspended AAP leader Tahir Hussain's plea against a trial court order extending his remand in a money laundering case related to the northeast Delhi violence by three days.
A single-judge bench of Justice Yogesh Khanna asked counsel of the petitioner to place the judgement which he is citing to support his case.
Advocate KK Manon, Hussain's counsel, told the High Court that the trial court has erred in deciding the Enforcement Directorate's (ED) application and said that it is held by the Supreme Court of India in a catena of judgments that 15 days period for grant of police custody has to begin from the date of formal arrest, and thus, further extension is not permissible in law.
"That it is fundamental to mention here that an application for further remand of the present petitioner for a period of nine days was moved by the ED on September 5 which was vehemently opposed by the counsel for the petitioner," Hussain said in a plea filed through advocate Uditi Bali.
The plea said that 15 days period for grant of police custody has to begin from the date of formal arrest, which is August 20, and thus further extension of police remand is not permissible in law.
"That it is pertinent to mention here that remand was extended for a period of three days vide order dated September 7, 2020, passed by Amitabh Rawat, ASJ, Shahdara District, Karkardooma Courts, Delhi by observing that the period of 15 days will be calculated from August 28, when the order of remand was passed," the plea said.