New Delhi [India], September 19 (ANI): The Delhi High Court on Friday issued notice to the Enforcement Directorate (ED) on the bail plea of SDPI President M K Faizy. His earlier bail plea was dismissed by the trial court.
Justice Neena Bansal Krishna issued notice to ED and will hear the matter on October 6.
The bail pleas of two other accused are also to be heard on the next date. Faizy has moved a bail plea through advocate Rajat Bhardwaj.
On August 28, Patiala House Court had rejected the bail plea of Social Democratic Party of India (SDPI) President M K Faizy in a money laundering case lodged by the Enforcement Directorate (ED).
The special court had rejected the bail plea of Moideen Kutty alias M K Faizy after considering the submissions and material placed on record by the investigation agency. The court had also considered the past conduct of Faizy, who did not appear before the ED on summons. The court also noted that, being a party president, he might use his influence.
“It shows that the accused had made attempts to evade the process of law and therefore, in the absence of any material to show otherwise, he is a flight risk which can be so inferred from his previous conduct,” ASJ Chander Jit Singh said in the order of August 28.
The court had said that the accused is the President of a political party, and it was argued on behalf of the accused that the political party had also contested the General Election.
“These facts are important to note to show that the accused is a person who would wield influence in the area by virtue of his position. It is a matter of common knowledge that the President of any political party is ordinarily a person who has the capacity to influence the cadre of the party and to whom the cadre ordinarily listens,” the court had said in the order.
The court had rejected the argument on behalf of the accused that no action had been taken against SDPI.
The court had noted that a supplementary prosecution complaint (Charge sheet) had been filed by ED. In this supplementary complaint, SDPI is one of the accused.
The court had said that, therefore, the contention on behalf of ED in respect of the applicability of Section 70 of PMLA cannot be ruled out at this stage, for the reason that, being the President of an organisation, the accused is certainly holding a responsible position for conducting the business of the organisation.
It was argued on behalf of the accused that he had no role in this case, but the order of taking cognisance and summoning the accused is not stated to have been challenged on behalf of the accused, the court noted.
The court had rejected the contention of Defence counsel that the allegations that PFI was influencing the decisions of SDPI seem to be incorrect.
The court had said, ” In this regard, it is a matter of record that details of the existence of various units or the existence of SDPI are specified in the supplementary prosecution complaint.”
It is alleged that there was a fund transfer to SDPI from the PFI.
ED said that Faizy was a member of PFI since its inception. In 2009, he started SDPI. ED had arrested M K Faizy from Indira Gandhi Airport in March this year while he was on the way to Delhi from Kochi.
While opposing the bail plea, the ED contended that during the course of investigation, it was noticed that UP police Anti Terrorism Squad (ATS) registered FIR on 16.2.2021 under 120 B and 121A of IPC, 13, 16, 18 and 20 of UAPA, 3,4, and 5 of the Explosives Act and 3 and 25 of the Arms Act against two PFI members Anshad Badruddin and Firoz. K, who were arrested by the police and improvised explosive devices, one 32 bore pistol and 7 live cartridges were seized from them.
The ED had also submitted that the accused Faizy received Rs. 3.50 lakh in his two bank accounts from various bank accounts of PFI during January 2018 to January 2021 for the purpose of imparting training to PFI’s cadres.
The agency has alleged that SDPI is a political front of the banned organisation PFI.
While seeking remand of the accused, the ED had said that the PFI was declared an Unlawful organisation on September 28, 2022. (ANI)
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